What do I do if I got denied for social security disability?

What do I do if I got denied for social security disability?

“What do I do if I got denied for social security disability?”

In Social Security Disability (SSDI) and Supplemental Security Income (SSI) cases we often hear the question, “What do I do if I got denied?”  We, here at Hoglund, Chwialkowski & Mrozik may be able to help you make the best decision for your situation. Depending on the many factors we might recommend one of two general courses of action, either appealing or refiling. There are important deadlines that need to be meet for appeals, so time is important. Many appeals for social security denials must be filed within 60 days of the prior denial. It is important to your claim to have the written decisions so you can find out the dates needed. To make sure you get any written decision you want to keep Social Security updated on your current mailing address so that they can send any written information to an address at which you have access.

There are other factors that go into evaluating whether to appeal or refile. Some of these factors deal with the eligibility rules for the different disability programs. There are two Social Security disability programs in general. Disability Insurance Benefits (DIB) for those who have a work history for which they can apply. The work history may be their own or it may be of a spouse depending on certain other factors. The other Social Security disability program is Supplemental Security Income (SSI) for those adults or minor age children so who have limited income and resources. While both programs provide benefits, they have slightly different non-medical related rules. The DIB program is based on work history, recent work credits and the taxes paid into social security out of each paycheck from when you were working. Part of that criteria is an eligibility rule called the Date Last Insured (DLI)[1] which is a date by which you have to be determined disabled under Social Security rules to be eligible for DIB.  If you are found to be disabled after that date you will not be eligible for DIB benefits.

Under the SSI program there is no deadline by which you have to be found disabled to be eligible, but there are other rules about how much income and assets you may have. Under SSI the resources you have include cash, bank accounts, stocks, land, life insurance, vehicles or anything else which could be changed to cash and used for food or shelter. For a married couple a bank account with more than $3,000.00 will make you, at lest temporarily, not eligible for SSI. If there is income in the household, it could also affect whether you are eligible for SSI benefits.

It can be a confusing process, consult with an attorney for more information about social security disability and your potential benefits.

[1] RS 00301.148 Date Last Insured (DLI) under the Program Operations Manual System (POMS) found at https://secure.ssa.gov/apps10/poms.nsf/lnx/0300301148

 

 

Coronavirus Update
CALL NOW 1-855-780-4357
FREE CONFIDENTIAL CONSULTATIONS REMAIN AVAILABLE
Our firm continues to run exactly as it has for the last 29 years, representing good people who have come across financial hardship and disability. In our continued effort to protect the public's health, our clients, and our future clients. We are available by phone or video conference. We encourage you to still reach out to us in this time of need. If you need help, we are OPEN. Please call.
Sincerely, The Hoglund Law Family.
A Message to our Clients and Future Clients
Coronavirus Update
CALL NOW 1-855-780-4357
FREE CONFIDENTIAL CONSULTATIONS REMAIN AVAILABLE
Our firm continues to run exactly as it has for the last 29 years, representing good people who have come across financial hardship and disability. In our continued effort to protect the public's health, our clients, and our future clients. We are available by phone or video conference. We encourage you to still reach out to us in this time of need. If you need help, we are OPEN. Please Call.
Sincerely, The Hoglund Law Family.
A Message to our Clients and Future Clients