Updated June 10, 2014.
Most medications are not considered IRWEs, but some might be. This is a complex determination.
We accept claims at any point in the process before an administrative law judge has made his or her decision. Processing times for disability applications vary from state to state. A reasonable answer is that an initial application will take about 4 to 6 months before a decision. Reconsideration (first appeal) will take about three to 5 months more. A hearing (second appeal) will take an additional 9 to 15 months or more.
Question #33: Does Allsup have local offices or would we be working with someone remotely?
David Bueltemann: All claims at the first two levels of the process are handled at our national headquarters near St. Louis. We do all the work on the phone and through the mail. If the case goes before an administrative law judge then our representative will attend the hearing with the claimant.Question #34: If you are applying for the first time, there are no retroactive benefits though. Right?
David Bueltemann: It depends on when your disability began and when you were awarded.Question #35: Do medications or other IRWE's (impairment-related work expenses) count against the $1,000 SGA limit? If you make $1,200 but need $300 in medications to work, do they count only $900?
David Bueltemann: IRWEs could be deducted from the $1,000, but once again, it can be complicated.Most medications are not considered IRWEs, but some might be. This is a complex determination.
Question #36: I would like to know if a male would draw more than a female, same age?
David Bueltemann: It is based upon what you paid in, not your gender.Question #37: The reason I asked is a gentleman in his 30s with less work history draws more than I did.
David Bueltemann: It is not work history, it is based upon what they paid in. It is a very complicated calculation.Question #38: Do you have anything to add at this point David?
David Bueltemann: Yes. We always like to point out that SSDI is in no way a welfare program. It is merely a government mandated insurance program. You paid premiums through your FICA taxes when you were working.Question #39: When a person truly cannot continue working and they meet the criteria for SSDI (which you help them determine if they can meet the criteria) there is an entitlement since a person pays into this system, correct?
David Bueltemann: Yes. If they have the work history (paid FICA taxes) and can no longer work because of an illness or disability, they may apply for SSDI.Question #40: Do you take cases that have been denied? If so, how long does the appeal process take?
David Bueltemann: Yes.We accept claims at any point in the process before an administrative law judge has made his or her decision. Processing times for disability applications vary from state to state. A reasonable answer is that an initial application will take about 4 to 6 months before a decision. Reconsideration (first appeal) will take about three to 5 months more. A hearing (second appeal) will take an additional 9 to 15 months or more.
Question #41: How often do you see denials become approvals on the second try?
David Bueltemann: Only 14% of the reconsiderations are approved, but the approval rate improves considerably to 63% at the third level (administrative law judge) of the process.Question #42: Do you have a statistic of how many first tries are denied by SSDI? Is it common or uncommon to be denied on the first attempt?
David Bueltemann: Social Security denies nearly 2/3, or 64%, of all initial applications.Question #43: How many initial turndowns make it to the third level? In other words, how many people give up?
David Bueltemann: We don't have the exact numbers, but far too many. Our more than 25 years of experience tell us that it is very important to stay in the process as long as possible.Question #44: Why would age, education and work experience be a considered factor in whether one might receive benefits? This was mentioned to me when I sought a disability attorney after the second denial.
David Bueltemann: Those factors are part of the SSA regulations. If your medical condition does not meet a specific SSA medical listing or if SSA determines that you cannot do your past work, then age, education and work experience are factors in this last step of their evaluation process.Question #45: Why are so many people rejected on the first go around but are then approved later on?
David Bueltemann: There are several reasons but the primary reason is that the evaluation process at level three is different from the first two levels.Question #46: In what way?
David Bueltemann: Judges must weigh the evidence and answer to higher court rulings.Go on to Part 5 --- 61 Questions About Disability Services --- >
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