Personal Injury Lawyers
Archive for the ‘SSDI’ Category
Appealing a Denied SSDI Claim
Tuesday, June 14th, 2011
If you are not happy with the decision regarding your Social Security Disability Insurance (SSDI) claim, you have the right to file an appeal. The process of appealing a denied SSDI claim is highly complex, and it is in your best interest to work with an experienced attorney. Seeking legal representation for your appeal will greatly increase your chances of success.
It is important to understand that your appeal is time sensitive. You only have 60 days from the time you receive your denial letter to file your written appeal with the Social Security Administration.
There are four stages to the appeals process:
- Reconsideration
- Hearing by an administrative law judge
- Review by the Appeals Council
- Federal Court review
The first step is to request a reconsideration of your claim. During this phase, your claim will be reviewed again by someone who was not involved in the initial decision. You can present new evidence at this time in order to increase your chances of success.
If reconsideration does not return the successful outcome you desire, you can request a hearing with an administrative law judge. This hearing will usually be held in close proximity to your home, and it is recommended that you attend if at all possible. At this hearing, you will have the opportunity to present expert witnesses who can verify the severity of your condition.
The third phase of the appeals process is to request a review with the Social Security Appeals Council. There are three possible outcomes to your Appeals Council review:
- Your request for review may be denied
- The Appeals Council may review your case
- Your case may be returned to an administrative law judge to be reviewed again
If you disagree with the decision at your Appeals Council review or if the Appeals Council chooses not to review your case, you may file a lawsuit in federal court. This is the last stage of the appeals process, and any decision delivered by the federal court will be final.
The Virginia SSDI lawyers at Kalfus & Nachman have more than 30 years of experience handling SSDI appeals. We will work with you throughout the entire appeals process, from the initial filing through your federal court lawsuit if necessary. The stakes are too high to go through the appeals process by yourself. Our lawyers will make sure your rights are protected so that you can receive the SSDI benefits you deserve.
Please contact our SSDI attorneys today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.
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Things You Need to Know When Applying for SSDI Benefits
Monday, May 9th, 2011
The government has established Social Security Disability Insurance (SSDI) in order to provide benefits to individuals who are unable to work due to a disability. When going through the claims process, it is in your best interest to seek the assistance of an experienced SSDI attorney who can help ensure your claim gets approved in a timely manner.
When determining whether you qualify for SSDI benefits, the Social Security Administration will use the following criteria to establish that you in fact have a disability:
- You have suffered an injury or illness which makes you unable to carry out your job as you once were able to
- Your condition has prevented you from being able to get another job
- Your condition will last one year or longer
If you are currently working or could conceivably secure a different type of job, the SSA will generally not consider you disabled. If you are unsure whether your condition will qualify, you should consult an experienced SSDI attorney at once.
It is not uncommon for the SSA to initially deny a claim. However, you have the right to appeal a denied claim, as well as any decision regarding your benefits which you believe was made incorrectly. Your appeal must be made in writing within 60 days of the SSA’s initial decision regarding your claim. The experienced Virginia SSDI attorneys at Kalfus & Nachman can help you with the filing of your appeal.
Once your claim has been approved, you will receive your SSDI benefits once a month. You will generally remain eligible to receive your SSDI benefits as long as your disability prevents you from working. However, if you become able to work down the road, your benefits may be discontinued. The SSA will review your case periodically to determine whether the status of your condition has changed.
The SSDI claims process is highly complex and time consuming. In many cases, it can take several years for your claim to be approved. By working with our Virginia SSDI attorneys, you can greatly reduce the length of time it takes to get your claim approved. At Kalfus & Nachman, we will make sure that your claim is handled properly during every stage of the process to help you receive these important benefits as soon as possible.
Please contact our experienced SSDI lawyers today to schedule your free initial consultation. Kalfus & Nachman serves clients in Norfolk, Newport News, and Roanoke, Virginia.
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Do Doctors Make Decisions about SSDI Claims?
Tuesday, April 26th, 2011
Are you wondering whether it was a doctor or some sort of bureaucrat who decided to deny your claim for Social Security Disability Insurance benefits? The answer is somewhat complex. Doctors do have input into approval or denial of SSDI benefits, but they are not the only ones. If you have been denied or are considering applying for SSDI benefits, the Social Security Disability attorneys of Kalfus & Nachman can help you better understand the SSDI system and fight to get your SSDI claim approved.
Who Denied My SSDI Benefits?
When you file a claim for Social Security Disability Insurance, the Claims Representative who receives your paperwork forwards it to the state disability agency. In Virginia, this agency is Disability Determination Services, a division of the VA Department of Rehabilitative Services. In North Carolina, your claim goes to division of the NC Department of Health and Human Services of the same name.
Disability Determination Services then assigns your case to a Disability Examiner, who is charged with making the evaluation whether you have injuries or medical conditions that qualify for SSDI benefits. Here is where the doctor comes in. The Disability Examiner can order a consultative medical evaluation in which a doctor, psychiatrist, or other medical professional determines if your injury or medical condition truly makes you unable to work. These medical evaluations are most often required in SSDI claims involving mental health or psychiatric disabilities.
Based on the doctor’s evaluation of your disability, the Disability Examiner writes up your approval or denial of SSDI benefits, which is sometimes, but not always, reviewed by another doctor.
If you have been denied SSDI benefits or need to learn more about the SSDI approval process, please contact the Social Security Disability lawyers of Kalfus & Nachman to schedule your SSDI consultation.
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