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Syracuse Disability Blog

 

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Enforcing Guiding Principles in The Face of Changing Regulation

Sometimes the Social Security Administration seeks to change the rules to reduce the number of cases for which it must pay benefits. For example, the Administration has questioned the need for a doctor’s opinion when determining whether or not one can do work. This question arises especially in cases where the claimant is young or has a condition that a lay person finds difficult to understand (or even to accept as real). However, even with changing regulations, a claimant’s lawyer will hold the Administration to the timeless principle that diagnoses and determination of the impairing effects of those diagnoses are…
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I Lost My Disability Case, What Now?

If your application for disability benefits has been denied, you may be wondering what you should do next. Your next steps will depend on what kind of disability benefits they are and what step of the process you are at. The good news is that usually there are several levels of the process and if you are denied at one level, you can appeal to the next level to hopefully get a favorable decision there. There are different kinds of programs that may be considered “disability,” including worker’s compensation, Disability Insurance benefits (SSDI), and Supplemental Security Income (SSI). The programs…
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So your client received a DENIAL at their social security disability hearing, what’s next? Maybe another Appeal!

Before evaluating whether a case should be taken to the Appeals Council, representatives should know a Request for Review must be filed within 60 days of the date you receive the Administrative Law Judge’s decision. Social Security assumes that you receive the decision within 5 days of the date on the decision, so you have exactly 65 days to file your Request for Review.  The Appeals Council will not accept late filings absent good cause. Procedural status The claimants last date insured for disability benefits should always be considered in deciding whether to appeal. Before deciding that a new application…
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