I clearly am disabled from a workers comp injury, with over 200 pages of doctor reports and they denied me , I have a back injury and ended up with a blood infection that I'm still recovering . That's from feb 2013 to current
Social Security disability claims are often denied at the initial levels because SS fails to obtain all of your medical information, or because your medical records are not clear enough to determine whether or not you are disabled. Even though there are over 200 pages or medical records, SS needs specific information from your doctors in order to make a favorable decision. You need to make sure you file your request for hearing within 65 days of the denial. I would also recommend that you hire a representative to help you navigate the maze of paperwork. With the proper assistance and additional evidence, you may be able to get an approval "on the record" without a hearing. Choose your representative wisely-make sure he/she is advocating for you, and treats you like a person, not a number.
The proof required to show entitlement to Social Security disability differs from the workers compensation case. While it is true that expertise of a Social Security attorney may be needed to secure the award, you should be aware that payment of a private attorney from past-due benefits ay not be possible due to the workers compensation offset. Ideally the workers compensation compensation case has been handled by an attorney who is experienced in Social Security as well. Before more time passes, an attorney adept at the workers' compensation offset calculation should review your case to advise whether there is even any Social Security available in addition to periodic payments you may be receiving in WC benefits.
Best wishes for an outcome you can accept, and please remember to designate a best answer.
The next step is to request a hearing with a judge so it's a good idea to hire a Social Security Disability attorney. Make sure you'll be represented at your hearing by an attorney and not a non-attorney advocate. Many firms have lawyers, but use non-attorney advocates to represent claimants at hearings. They don't go out of their way to tell you this so you have to ask and do your research. Good luck.
Workers comp and social security disability are two completely different systems. It is not unusual for a social security claim to be denied the first time. It is best that you hire an attorney experienced in handling social security disability appeals. You cannot do any job to get social security disability, a completely different standard than workers compensation, that pays depending on the percentage of permanent disability.
You will have 60 days from the date you received the denial on your request for reconsideration to file an appeal for a hearing before an ALJ. I would hire a Social Security attorney to file the appeal for you. You also need to check and see if you have a concurrent claim pending, or if you only filed for Disability Insurance Benefits. If possible, both the SSI and SSDI claims should be filed and litigated at the same time. You should bring your worker's compensation settlement papers to the Social Security lawyer for review. If proper language was not inserted into the workers' comp settlement agreement, you can take a hit on your past due Social Security benefits. You will need to see a local attorney ASAP. Good luck with your claim.
If you have already been denied twice, then there is obviously something in your file that is keeping you from being approved. It's like putting the square block in the square hole and the round one in the round hole . . . you need to consult with an attorney who is used to the blocks to show you which one you are missing.
Social Security denials at the Application and Reconsideration levels are common, even when the claimant is clearly eligible. The next step is a hearing before an Administrative Law Judge and at that level, you would be well advised to have representation. The medical and vocational guidelines for disability claims are quite technical, and your medical evidence needs to fit the rules. I always recommend people get an attorney for this stage of the proceedings, because failure to present as strong a case as possible will have long lasting effects.
It is a good idea to be represented by an attorney at your Social Security Disability hearing. The attorney ensures that all medical records are updated and that the file is prepared properly. There may also be technical issues with the case that need to be addressed. Many Administrative Law Judges use expert witnesses at hearing, vocational and medical, which your attorney will be able to cross examine.
