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Atlanta Social Security Disability Law Blog

How to approach a denial of Social Security disability benefits

In addition to understanding how to apply for Social Security Disability benefits, it is also important to understand how to appeal a denial of benefits. It is important to keep in mind that the majority of claims for Social Security disability and Supplemental Security Income benefits are initially denied; however, there is the option to appeal. It is always important to keep in mind that there are options if SSD benefits have been denied.

There are different levels of appeals that are part of the appeals process. Following a denied application for SSD benefits or SSI, applicants have 60 days to appeal. The first step is a reconsideration request, which can be followed by a hearing. There are additional steps in the SSD appeals process, so it is important to be familiar with the entire appeals process.

Workers' Compensation FAQs

Not content to sit in an office cube typing on a computer all day, you enjoy the physical aspects of your job. Sure, what you do is demanding, but you appreciate that you have something to show for your effort at day's end. You can't complain because the pay is good and your coworkers know how to have a fun time. Unlike other individuals, you don't take your work home with you. Everything is left at the construction site at the end of the shift.

Well, almost everything.

How long can I get Social Security disability benefits?

When applying for Social Security disability benefits, or receiving SSD benefits, you may wonder how long you can receive the benefits that are important to you for your daily life. The Social Security Administration conducts reviews of all SSD recipients receiving disability benefits. The medical conditions of all recipients of SSD benefits are reviewed by the SSA from time to time.

When reviewing a recipient's medical condition, without strong proof that the recipient's medical condition has improved, allowing them to work, the disabled individual's benefits will continue. The frequency of review of a particular recipient's medical condition depends on how severe the medical condition is and how likely it is to improve. Once the disabled individual has been approved for the receipt of benefits, their award letter provides details as to when they should expect their first Social Security Administration review of their medical condition and eligibility for benefits.

Woman appeals loss of Social Security disability benefits

In a community a few hours north of the Atlanta area, in a neighboring state, a young disabled woman recently lost her Social Security disability benefits and Medicare assistance. The woman suffers from epilepsy and suffered from seizures she was unable to control until a year ago. Epilepsy is a chronic medical condition that can result in unexpected seizures. Epilepsy can be debilitating and cause sufferers to be unable to work if the seizures cannot be reliably controlled with medication. If an epileptic is unable to receive their medication, the situation can be serious.

The woman has suffered from epilepsy for half of her life and began receiving Social Security disability benefits and Medicare six years ago when she was unable to work. The woman previously had a full-time job as a factory worker but became unable to work because of her frequent seizures, some of them violent. Anti-seizure medications have allowed the woman's medical condition to improve over the past 15 months.

Further study into the appeals process

If you have been following our blog, you know that there is an appeals process for individuals whose application for benefits has been denied. When your claim is denied, you will receive a letter that will provide the reason for the rejection of the application. It is at this point that you can begin the appeals process.

While the time for claims processing varies, it typically takes between three to five months for applicants to learn of the status of their claim. In the case of two types of claims, the SSA turnaround will be expedited. As you may have read in previous entries, Compassionate Allowances and the Quick Disability Decision allow for hastened review of claims. Other individuals who have suffered from what could be a temporary disability, such as a stroke, may not have their application reviewed for one year.

Social Security reviews of children's disability benefits

This blog has spent some time recently discussing a number of issues related to the important topic of children and disability benefits. In addition to the importance of understanding how to apply for benefits, how to appeal a denial of benefits and what the application process entails, there are a few additional details, such as the periodic review process, that are important to be familiar with because of how important disability benefits for children can be for many families.

For children receiving Supplemental Security Income, it is important to be aware that the Social Security Administration periodically reviews the child's medical condition to determine if they are still eligible to receive SSI disability benefits. The SSA reviews eligibility for benefits every three years for children under the age of 18 who have a disability that is expected to improve. Reviews are also scheduled for children under 1-year-old who are receiving SSI because of low birth weight.

A closer look at disability benefits for children

The process of seeking Supplemental Security Income disability benefits through the Social Security Administration for a child's disability can be complex, as recently discussed in this blog, but can also be extremely important for the child's welfare. It is helpful to take a closer look at the process of applying for, and obtaining, benefits. The Social Security Administration evaluates several different considerations including the child's medical condition and financial circumstances.

When evaluating the child's eligibility for children's benefits, the child's income and resources are considered, as well as the income and resources of family members living in the household. When considering the child's disability, the child must suffer from a medical condition, either physical or mental, that significantly limits the child's activities. If working, they must not earn greater than $1,130 a month. In addition, the child's disability must be expected to last 12 months or longer or be expected to result in death.

Disability benefits may be available for children as well

Cancer is the leading disease-related cause of death for children and thousands of children, under the age of 20, are diagnosed with cancer each year. Cancer can have a devastating impact on its victims and their family members. The Supplemental Security Income program provides disability benefits for children suffering from some types of cancer and other disabling diseases. The benefits may provide much needed help with the costs of treating an illness such as cancer and caring for a child with a serious disease.

SSI may be available for children with limited income and resources. To begin with, it is necessary to apply for SSI. A Child Disability Report must also be completed concerning the disabling condition the child suffers from and how it impacts the child's ability to function. Supplemental Security Income is needs based so there is a limit on the income and assets the child and the child's parents can have to qualify.

Disability benefits basics for qualifying medical conditions

Mental disabilities can be a serious concern, preventing disabled individuals from earning an income to support themselves and their families. Different resources, such as Social Security Disability and Supplemental Security Income, may be available to help disabled individuals cover the basic expenses of daily life, however, disability benefits can be difficult to obtain. A number of applications for disability benefits are initially denied which is why it is important to understand how to properly approach applying for benefits and appealing a denial of benefits if necessary.

Disabled individuals can feel pulled in a variety of directions, trying to take care of themselves, their families and obtain much-needed benefits. The process of applying for benefits can be complicated and frustrating. Receipt of disability benefits is based on a qualifying mental or physical condition, as well as other factors. Qualifying mental conditions can include depression, anxiety, bipolar disorder, post traumatic disorder, traumatic brain injuries, schizophrenia, disorders on the autism spectrum, developmental and intellectual disabilities, Down syndrome and learning disabilities.

What are options for disabled individuals in Georgia?

There are a variety of options in Georgia to help disabled individuals with some of their needs. If you have disabilities you may have heard of different benefits that may be available to you, including Medicaid, but may have wondered what it is. In general, Medicaid is available for disabled individuals who do not have income sufficient to meet the cost of their medical care, low-income families, the aged and blind, as well as others.

For disabled individuals receiving Supplemental Security Income, they are automatically eligible for Medicaid benefits. For disabled individuals, it is important to know how to qualify for Medicaid. To be eligible to receive Medicaid, the applicant will need to establish disability, if that is what the application for Medicaid is based on, and provide their income, resources and age. In general, disclosure of your income and expenses, medical information and some other types of information is required. Additional, or different, information may be required to be eligible for Medicaid based on the circumstances the applicant is applying based on.

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