Anyone who has been through the application process for disability benefits can attest that getting those benefits is anything but quick and easy. Applicants commonly face multiple denials during the application process, and it isn’t unusual for claimants to have a prior application which was denied before a new ongoing claim.
In some cases, prior applications which were denied can be reopened, and combined with the new claim in order to increase the pay amounts associated with those disability benefits. So, the answer to the question: “How can I reopen a prior disability claim?” is one that we receive here a lot at Tabak Law of Milwaukee.
In order to reopen a prior disability claim, it needs to be related to the new claim. In other words, if your current claim is for a back injury, the older claim needs to be related to a back injury as well. If the new claim is for a back injury and the older one is for a heart condition, on the other hand, these cannot be connected.
Additionally, the time of onset of the new application should be within the time frame of the earlier application. In other words, if your first application was in a pending status between March of 2015 and February of 2017, you would need to state in the new application that the disability occurred at some time during that two-year window.
Finally, the older claim can only be reopened if the denial was incorrect the first time.
Not sure if you should reopen your disability claim? Reach out to Tabak Law today!
How Old Can a Reopened Disability Claim Be?
An application for SSDI, Social Security Disability Insurance, or SSI, Supplemental Security Income, in Milwaukee can be reopened within one calendar year of the date of the decision, for any reason, so it is easiest to re-open recent applications.
Claims which are between 2-4 years old are more difficult to reopen, as they require showing of material evidence which was not considered in the first case, or require the pointing out of an obvious error which resulted in an incorrect denial.
Claims which are older than four years are reopened only in rare instances, typically only in the case of fraud.
For reopening an old disability claim, there is not a specific procedure you need to follow. The act could be as simple as an oral request at a disability hearing, made to an administrative law judge. However, given the requirements for reopening an old claim, we urge you to hire and retain an experienced Social Security Disability attorney in Milwaukee to help you with the process, ensuring you have the highest potential for success.
How Can I Appeal a Social Security Disability Rejection in Milwaukee?
It is unfortunately true that most people who apply for benefits from Social Security Disability in Milwaukee will be denied the first time. It is very easy to become discouraged at this point in the process but take heart: this process if very complex, and there is a lot of paperwork necessary to be approved. A denial does not necessarily mean that your claim of disability is disputed, only that your application was not comprehensive or complete enough in some way.
There are many reasons for an SSD claim in Milwaukee to be denied. Fortunately, this denial can often be overcome simply by providing additional documentation of your health condition or injuries.
The most common reason for a disability claim in Milwaukee to be denied is that the disability is not expected to last a year. In other words, a broken leg, even a severe one, will likely heal within the year, and so is not eligible for disability coverage in Milwaukee. Another common reason for denial is a disability resulting from drug or alcohol abuse.
Other common reasons for claim denial are failing to adhere to the recommended medical treatment plan, having insufficient evidence of your disability, being able to perform your usual job, or actually returning to work.
What if None of These Are Reasons My Disability Claim in Milwaukee Was Denied?
In none of these common reasons for denial are true for you, then you should consider appealing the decision. You have the right to appeal the decision of the Social Security Administration, and in this case, you should file for a reconsideration rather than an entirely new claim. This is the most effective way to ensure that your disability claim is reviewed.
When you appeal, we urge you to consult with an experienced Social Security Disability lawyer in Milwaukee like the team here at Tabak Law. We can ensure that your appeal has the greatest chance of being successfully approved.
How Do I Know if I Qualify for Supplemental Security Income in Milwaukee?
For those who are already receiving Social Security Disability payments, and are still coming up short on monthly bills, Supplemental Security Income, or SSI, may be able to help you.
Unfortunately, not everyone will qualify for SSI in Milwaukee. Those who do can receive additional benefits paid by the US Treasury to boost their monthly income above the levels of Social Security Disability payments in Milwaukee, so if you think you may be eligible, it is certainly recommended to apply. If you are not sure, consult an experienced SSI attorney in Milwaukee.
Who is Eligible for SSI in Milwaukee?
People eligible for SSI payments include senior citizens above the age of 65 and those who are disabled and have limited resources and income. Blindness is sufficient to qualify for SSI.
For most applicants, there are limits on income and resources which need to be met in order for you to qualify for SSI in Milwaukee. In addition, if you get married, or if your spouse’s income changes, it may affect your ability to collect SSI benefits, or change the amount of your benefits.
Interestingly, widows or widowers who do not remarry before the age of 60 can still qualify for SSI. Similarly, those who are disabled widows or widowers must not remarry before age 50 in order to qualify for SSI in Milwaukee. Usually, SSI benefits will end in the event of remarriage.
Another important thing to keep in mind is that SSI benefits for children under 18, or students of the ages of 18-19 will end in the event that they get married. For these reasons, there is a good reason for certain people to avoid marriage until they reach a qualifying age.
Consult with a SSI Attorney Today
If you are wondering if getting married will affect your SSI benefits or your ability to qualify for SSI, consult with an experienced SSI lawyer in Milwaukee, like one of the knowledgeable attorneys here at Tabak Law.