The hearings are fairly informal.  The only people likely to be there is the judge, a court recorder operating a tape recorder, the claimant, the claimant’s representative, and anyone else the claimant has brought with him or her.  In some cases, the Administrative Law Judge has a physician, psychologist, or vocational expert present to testify at the hearing.  There is no jury or spectators.  There is no attorney at the hearing representing Social Security trying to get the judge to deny the disability claim.

If you want to appeal a denial of Social Security disability benefits, you have to go through reconsideration.  There is no way to avoid it.

A disability examiner at the claimant’s state Disability Determination Service makes the reconsideration determination.  Most of the time, the claimant does not see the disability examiner or even know his or her name.

When a claim for Social Security disability benefits is denied at the initial level, the claimant may then request “reconsideration” of that decision.  The case is then sent to a different disability examiner for a new decision.  Unfortunately, about 80% of the time the reconsideration decision is the same as the initial decision, a denial. About 20% of the time a claimant wins at reconsideration.

When you are awarded Social Security disability benefits, you are not going to just receive your own money back.  The money that an individual paid into Social Security over the years would not last very long if that was all that individual could draw from Social Security.  Most people will draw much more than they paid into the system and the difference is made up by the workers paying into the system who have not filed for benefits.

One reason is that there is no simple way to determine if an individual is disabled.  Most people who are disabled suffer from pain, but it is difficult to determine the severity of that pain and the extent to which it prohibits any full time work.  A second reason is that Social Security is more concerned that everyone who is receiving Social Security disability benefits is genuinely disabled than with ensuring that everyone who is disabled receives Social Security disability benefits.  An underlying reason is that Congress has always believed that, given a chance, many people will fake disability to get benefits.

First, do not be surprised.  Only about 40% of Social Security disability claims are approved at the initial level.  If you are denied at the initial level, unless you have already returned to work or expect to return to work in the near future, you should file a request for reconsideration.

To receive assistance with receiving your Social Security disability benefits, visit: http://www.expert-advantage.com/questionnaire/

Social Security has to consider age, because that is what the Social Security Act requires.  As people get older, they become less adaptable and less able to switch to different jobs in response to health problems.

To receive assistance with receiving your Social Security disability benefits, visit: http://www.expert-advantage.com/questionnaire/

There is a list called Compassionate Allowance that includes very severe disorders that will qualify a person for disability if other technical conditions are met (e.g., monthly earnings average less than $1,000, etc.)  The disorders on that list will apply to only a few claimants.  Most disorders vary from minor to severe so Social Security does not consider a diagnosis alone as evidence of disability.  If an illness has reached a very severe level, Social Security will award benefits based medical considerations alone.

To receive assistance with receiving your Social Security disability benefits, visit: http://www.expert-advantage.com/questionnaire/

• Disability Insurance is awarded to disabled adults who have worked in recent years (usually at least five out of the last 10 years).
• Disabled Widow’s and Widower’s Benefits are paid to an individual who is at least 50 and becomes disabled within a certain amount of time after the death of his or her spouse.  The late spouse must have worked long enough to have paid enough credits into Social Security to be insured.
• Disabled Adult Child Benefits go to the disabled children of a parent who was drawing Social Security disability or retirement benefits at the time of death.  The child must have become disabled before age 22.
• Supplemental Security Income benefits are paid to individuals who are poor and disabled.  It does not matter for SSI whether an individual has worked in the past or not.
• SSI child’s disability benefits are paid to children under the age of 18 who are disabled and who’s family is very poor.

For Disability Insurance Benefits, Disabled Widow’s or Widower’s Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor.  Benefits are paid based upon a Social Security earnings record.

To receive assistance with receiving your Social Security disability benefits, visit: http://www.expert-advantage.com/questionnaire/