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Posts Tagged ‘denial’

Is Work History Reason for Your Social Security Disability Denial?

Wednesday, April 27th, 2011

According to the Social Security Administration, about three in ten applicants for Social Security Disability Insurance are denied benefits for non-medical reasons. The most technical, non-medical reason for initial denial of a claim is lack of work history documentation needed for eligibility.

Your disability representative can help you avoid these paperwork errors by collecting work history data and detailing all of your previous responsibilities.
Work history is an important factor in SSDI applications, as it can make a difference in qualifying for disability based on the type of work you’ve done in your past and how it will affect eligibility for SSDI benefits. Most importantly, you must have worked long enough and recently enough to be eligible to apply for SSDI.

Recent SSA data in the Annual Statistical Report on SSDI showed that more than 700,000 technical denials were issued in 2008. The federally mandated insurance program that taxpayers and employers fund is used to provide monthly income to those who have experienced a severe disability and are unable to work for 12 months or longer, or those with a terminal condition. In 2008, 2.2 million applicants supplied information necessary to apply for SSDI. Out of those applicants, 700,000 received technical denials based on non-medical issues such as lack of documentation and insufficient work history details.
Work history documentation should include dates of employment, company details, but also all duties performed and work performed that you cannot do now, among other helpful details to help support your disability claim.

Lawsuit Claims Judges Biased Against Disabled Applicants

Monday, April 18th, 2011

According to the New York Times, a lawsuit has been filed for eight plaintiffs who were denied Social Security disability benefits by a Queens office. The suit says that many New Yorkers were left in an inhospitable place to seek benefits and applicants were reduced to tears by harsh questioning the Queens administrative law judges. Disability lawyers had advised their clients to rent apartments or move elsewhere in order to seek appeals in different regions.
The Queens office had the 10th-highest rejection rate among 166 offices across the country. Federal judges have rejected many of the Queens rulings in recent years, citing legal errors, combative hearings and a brusque court tone.
The class action lawsuit filed in Federal District Court in Brooklyn says that eight Queen judges are not just difficult, but also biased against poor and immigrant applicants, and have systematically denied benefits to the disabled by making both legal and factual errors. The judges are being accused of being heavy handed to some of the most vulnerable individuals. One Guyanese plaintiff says he has seizures and a muscular disease, while a 55-year-old woman with a long history of mental illness has never held a job, yet they have both been denied SSDI benefits. The five Queens judges named in the disability lawsuit are David Nisnewitz, Michael Cofresi, Seymour Fier, Marilyn Hoppenfeld and Hazel Strauss. Together, they have rejected 63% of cases heard in the fiscal year, compared to the national average of 36 percent.

Americans With Disabilities Lawsuit Settled With the Met

Tuesday, February 1st, 2011

People with disabilities have equal opportunities to visit places and enjoy entertainment just as the rest of us. A federal lawsuit charged the Metropolitan Opera House with denying this right to Americans with disabilities. The federal lawsuit settled this week after the famous opera house agreed to make changes.

The lawsuit charged that the opera house discriminated against people with disabilities and had no facilities that comply with the Americans with Disabilities Act.

The Metropolitan Opera House is a cultural institution that receives tourists and American visitors.
The federal lawsuit claimed the opera house denied patrons with disabilities access and did not have proper emergency place for disabled opera patrons.

As a part of the settlement, the Met agreed to install more wheelchair seating, accessible water fountains, Braille signs, renovated concession stands and bathrooms, and elevators that are more accessible.
Another part of the construction will eliminate barriers to allow easier elevator access. The very important emergency plan now includes safe and quick evacuation of disabled guests.

The total cost of the overhaul may be millions of dollars but more individuals will have a chance to enjoy this musical staple.