If medical problems have impacted your ability to work, you might be able to file a claim for disability benefits. The Social Security Administration (SSA) oversees disability benefits for workers who are no able to work for medical reasons. The disability claims process is very challenging and complicated with extensive evidence and documentation required for the approval of benefits.
Most claims for benefits are denied after initial review, but an appeal can be filed to have the case reconsidered. If a reconsideration is denied, another denial can be filed to request a hearing before an administrative law judge.
There are several reasons that disability claims are denied. Often, the claims are denied because sufficient supporting evidence to show that the individual is disabled was not provided. Hard evidence that shows the diagnosis, the severity of the condition, the limitations and the restrictions are all required to get approved for benefits. Other reasons for denial include the lack of follow-up care and earning an income that exceeds the substantial gainful activity (SGA) rate. In Delaware, 35.8% of initial applications are approved with 9.9% getting approved on the reconsideration level. At the appeal hearing, 41.3% of Connecticut disability applicants are approved.
Visiting the Office of Disability Adjudication and Review in Delaware
If your initial claim is denied, you will file an appeal. At that point, your appeal will then be reconsidered. When your reconsideration is denied, you will file another appeal. At this point, your case will go to a hearing before an administrative law judge at the Office of Disability Adjudication and Review (ODAR). During the hearing, you will be asked a variety of questions by the judge.
You will most likely be questioned by a vocational expert about your work history, educational background, and work skills. Using this information, the judge will decide if you can or cannot work and if your claim warrants disability benefits. It can take up to 314 days to get a hearing scheduled in Delaware, which is about 35 days less than the national average.
There is one ODAR offices located throughout the State of Delaware. The Dover ODAR has an average hearing wait time of 17.5 months. That office has six administrative law judges. Reports show that 45% of the cases are approved. The average processing time at the Dover ODAR is 628 days. These figures are very similar to the national averages, with just the processing time being longer than the national average of 582 days. With a disability attorney, the odds of being approved can increase greatly. An attorney will help you get all your documentation in order and have the evidence needed to support your claim.
Getting Help From A Delaware Social Security Attorney
Claims for disability benefits can be complicated as well as challenging. Since most claimants are denied benefits, you need to make sure you have a Delaware disability attorney on your side. An attorney will know how to proceed with your claim. Gathering up all your medical records and other supporting documentation, your attorney can help you build a strong case so you can get approved for benefits. Your lawyer will make sure Disability Determination Services has access to documentation that will show the severity of your condition and your limitations. Hard medical evidence is a necessity for a successful claim.
A Delaware disability attorney will go with you to your local SSA office to help you check to make certain all your documentation is in order and readily available for review. Your attorney will also handle communications with the SSA representatives and respond to requests for additional information. If your case advances to the hearing level, your attorney will help you prepare for questioning and help you know what to expect at the hearing. There are SSA offices throughout Delaware.
US Social Security Administration
920 West Basin Road #200
New Castle, DE 19720
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
US Social Security Administration
W Lockerman Street Suite 100
Dover, DE 19904
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
US Social Security Administration
12001 Old Vine Blvd #101
Lewes, DE 19958
Monday, Tuesday, Thursday, Friday 9 a.m. – 4 p.m.; Wednesday, 9 a.m. – 12 p.m.
If you are ready to file a claim for disability benefits because of your inability to work, you should consult with a Social Security attorney. On this page there is Free Case Evaluation Form, complete that form so you can be put into contact with a disability lawyer today!
