Social Security Disability Denial


What should you do if you are denied Social Security Disability at your hearing?

The new Social Security rule is that you must reapply or appeal your denial.

In most cases you probably want to reapply, which means filing a new application.

Why?

You will most likely get a faster decision.

Sometimes Social Security will approve you before you have to go back before a Judge. Why is this? I do not know, but I have seen this happen a number of times.

The Appeals Council used to remand these new approvals along with the old denial for the Judge to review. This is usually a bad sign for the claimant.
I doubt the Appeals Council will review a large number of these cases since they are not on appeal before them.

The Appeals Council rarely overturns a Judge’s decision.

The Appeals Council does not usually return the case to the Social Security Judge to review the disability decision.

What do you lose out on if do not appeal?

Back benefits. Those will be forfeited. You may still get some back benefits while you wait for the new decision.

All of this advice changes if your date of last insurance has run out, or if you some major medical treatment with heavy duty restrictions.

In other words, if you have questions about your denial feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Disability Lessons


Social Security Disability Lesson # 105:

Sometimes a good attitude makes a big difference.

During a recent disability hearing the Administrative Law Judge asked the claimant questions about his medical records.

There were references to malingering (faking) and being a hypochondriac.

The person answered clearly, respectfully, and in a reasonable manner.

The Judge accepted his answers and granted him Social Security Disability benefits.

It was a good lesson.

Answer honestly.

Do not get angry.

Explain as best you can what was going on at the time.

It can make the difference between a good outcome, and a disaster.

Questions about your Social Security Disability case? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

Is Social Security Disability Over?


Some media are reporting that Social Security Disability will run out of money by 2017.

A variation of this has been reported for several years.

The sky may be falling, maybe not.

A interesting question is whether this has an effect on the way Social Security Judges rule in their disability cases.

Some judges treat a Social Security disability case like it is their own money.

However, most judges are like umpires. They call it according to the rules.

Of course, some umps are really bad.

I do not think media hype will affect individual disability cases to any great extent.

If you meet the requirements and have consistent medical treatment you can still win your disability case.

Just keep an eye on the politicians and what they do to try to help the situation.

Questions about your Social Security Disability? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.