Answering the Most Frequently Asked Questions Is a Good Start, But We Decided to Answer The Most Important Questions Too. Learn What You Need to Know About Your Injury and Disability Claim.
Answering the Most Frequently Asked Questions Is Good, Answering The Questions You Should Be Asking Is Even Better
We have been answering questions about Oregon and Washington personal injury and auto injury claims, Oregon Workers' Compensation claims, and Social Security Disability claims for more than a little while. People have a lot of the same concerns, so they ask the same questions. That's good. However, our job is not just to answer the most frequently asked questions, but also the ones you should be asking. That's better.
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What is the Disability Appeal Report for when I appeal a Social Security denial?
The Disability Appeal Report is a form that you are filling out when you request reconsideration of an initial claim denial, and when you file a request for hearing to appeal a denied reconsideration request. Basically, the form asks for updated information about your condition, and medical treatment for that condition. In some cases, Social Security may update your claim file, and may even ask for an consultative examination. Here is a list of the information these forms seek:
- whether you worked since you applied, or last filed an appeal
- which doctors or hospitals you have seen since you applied, or last appealed your case
- what medications you are taking
- whether you condition has gotten worse, and if so, how
- whether you have any new medical problems that developed since the denial or application
- whether you have gotten any vocational training or schooling
- what you are doing day to day
Whenever we meet with a client who has been recently denied, we help complete these forms, and make sure Social Security has all the latest information on your medical care.
If you are facing an appeal, and have questions about the Disability Appeal Report, or any form, give us a call at 503-325-8600. We know these forms like the back of our hand.
Can I file a new application while my Social Security case is on appeal?
You can file a new application while your Social Security Disability cases on appeal, but your case must be pretty far along the appeal path. The short answer is that a new application can be filed if the Appeals Council has denied review.
There are several potential appeals with a Social Security Disability claim. After the initial claim denial, the first appeal is a "request for reconsideration." If a request for reconsideration is denied, the next appeal is a "request for hearing." If after the hearing, a judge issues an "Unfavorable Decision," the next appeal is review with the Appeals Council. If the appeals Council issues a "Notice of Appeals Council Action" denying review of your claim, the next appeal is to file at the federal court level.
We represent clients who appeal their cases to the Appeals Council, and if that appeal is unsuccessful, we then work with attorneys who specialize in federal court litigation to see whether not a federal court case makes sense. Sometimes it does, and other times not.
Depending upon our client's status, we will often advise our clients to will file a new application with an alleged onset date beginning the day after the unfavorable decision. So, if you receive the decision dated January 2, 2012 that determines that you are not disabled as of the date of that decision, your new application would allege disability beginning on January 3, 2012. Of course, there must be continuing supporting medical evidence showing that you are disabled from sustained and regular work.
In deciding whether or not somebody should file a new application, we look at several factors, including the client's "insured status," or, whether they would be entitled to Supplemental Security Income benefits for "non--medical" reasons.
If you have a denied claim, and are considering an appeal, call us at 503-325-8600. We can tell you your best options based on your specific situation.