Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc. Gade & Parekh, LLP formerly the Law Office of Elizabeth Gade, Inc.

January 2019 Archives

Some mistakes may affect SSDI approval chances

Filing a Social Security disability claim in California can be a daunting task, especially when it comes to meeting all of the various requirements that go along with this process. There's no guarantee that someone seeking disability benefits in the Golden State will receive them. However, there are some common mistakes that could make the process more frustrating and lengthy.

SSD applicants must explain functional limitations clearly

When California residents apply for Social Security Disability benefits, they must show that their conditions substantially limited their ability to function. Although people must provide honest information, they should not downplay how their mental or physical problems influence or limit their daily lives.

The role of the CE in disability claims

California residents and others who are seeking disability benefits don't need to see a doctor before filing for them. However, it is generally a good idea to do so. Those who can't afford to see a doctor may still benefit from going to an emergency room or a free local clinic. If an applicant lacks medical records that are less than 90 days old, he or she will need to have a consultative examination (CE).

How to respond to a disability benefits denial

When an applicant for Social Security disability benefits faces an initial denial in California, there are two main ways to respond. They could file an entirely new disability claim or appeal the denial with the Social Security Administration. In order to launch a new disability claim, the applicant must repeat all of the work that went into their original application from the beginning. This includes filling out relevant forms and providing medical and employment information. The applicant will also need to provide a new medical release form to the local Social Security office before the disability determination process can begin again.

Facts about receiving benefits during an appeal

California residents who receive disability benefits will have their disability status reviewed periodically to see if their condition is improving. If an examiner finds that a condition is unlikely to improve, such a review will occur every seven years. For those with conditions that are more likely to improve, the review will occur every three years. If a person has an increase in work activity, a review may take place regardless of how much time has passed since the last one.

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