If medical problems have made it impossible for you to work, you should pursue a claim for Social Security Disability benefits. The Social Security Administration (SSA) oversees two disability programs that provide benefits to disabled workers. To qualify for disability benefits, you must meet specific criteria and have a condition that will last a year or longer or lead to your death.
The Blue Book, which is a medical guide, lists specific criteria that must met to be approved for benefits. Disability claims are usually denied. If your claim is denied, file an appeal for a reconsideration review. If it is denied during reconsideration, you can request a hearing before an administrative law judge (ALJ).
There are many reasons for denying disability claims. However, some reasons are more common when it comes to claims being denied. As an example, most denials are because of a lack of evidence. Disability Determination Services (DDS) needs hard medical evidence that shows you have a serious medical condition that will last a year or longer and that it impacts your ability to perform daily tasks and work duties as well. Without hard medical evidence, your claim cannot be approved.
Failing to get follow-up medical care is another reason that claims are denied. If you don’t continue with care, then there is no way to determine if your condition has improved, worsened, or stayed the same. If you are continuing to work, if your income exceeds the substantial gainful activity (SGA) limits, your claim will be denied. In Nebraska, about 39.4% of claims are denied on the initial review while 11% are approved on the reconsideration review. At the appeal hearing, the state has an approval of 46.2%.
Visiting the Office of Disability Adjudication and Review in Nebraska
If your claim was denied during initial review then during reconsideration review, you can ask for an appeal hearing before an ALJ. These hearings are at the Office of Disability Adjudication and Review (ODAR). When you are at the hearing, you will be questioned by the ALJ and by a vocational expert. Questions will pertain to your condition and your work duties. Your age, work history, work skills, medical conditions, and educational background will all be considered. The questions will determine if you are able to do any work and if so, what kind of work you can do. A disability lawyer can help you prepare for the hearing.
There is one ODAR in the state of Nebraska. Located in Omaha, the ODAR has 11 judges and there is an average wait of 17 months. It takes an average of 573 days for a claim to be processed in Nebraska. About 42% of claims are approved in Nebraska, which is less than the national average of 43%. That ODAR sees about 21% of claims dismissed and 37% denied. The odds of a claim being approved increase significantly when you enlist the help of a Social Security attorney.
Getting Help From A Disability Attorney
The odds of getting a disability claim approved on your own are very slim. Your attorney will handle all communications with Disability Determination Services (DDS) and the SSA. Your lawyer can accompany you to the local office and make sure your file is in order and that DDS has all the documentation and medical records necessary to determine if you are unable to work. Your attorney can also help you prepare for the hearing and the questioning that you will undergo while there. There are several SSA offices located throughout the state.
Social Security Administration
100 Centennial Mall N Room 240
Lincoln, NE 68508
Social Security Administration
604 N 109th Court
Omaha, NE 68154
Social Security Administration
300 E 3rd Street Room 204
North Platte, NE 69103
If you are ready to pursue a claim for disability benefits, you should schedule a free case review with a Social Security attorney. On this page there is a Free Case Evaluation Form. Complete that form and your details will be shared with a disability lawyer who will help you get your claim on the right track. Now is the time to get your claim headed in the right direction.
