Guide to Disability Services

Question #32: Does Allsup have local offices or would we be working with someone remotely?

Don Keck: 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 #33: If you are applying for the first time there are no retroactive benefits though. Are there?

Don Keck: It depends on when your disability began and when you were awarded.

Question #34: Do medications or other IRWE's (impairment-related work expenses) count against the $860 SGA limit? If you make $1000 but need $200 in medications to work do they count only $800?

Don Keck: IRWEs could be deducted from the $860 but once again it can be complicated. Most medications are not considered IRWEs, but some might be. This is a complex determination.

Question #35: I would like to know if a male would draw more than a female, same age?

Don Keck: It is based upon what you paid in, not your gender.

Question #36: The reason I asked is a gentleman in his 30's with less work history draws more than I did.

Don Keck: It is not work history, it is based upon what they paid in. It is a very complicated calculation.

Question #37: Do you have anything to add at this point Don?

Don Keck: 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 #38: 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?

Don Keck: 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 #39: Do you take cases that have been denied and if so how long does the appeal process take?

Don Keck: Yes. We accept claims at any point in the process before an Administrative Law Judge has made his/her decision. Processing times for disability applications vary from state to state. A reasonable, general answer is that an initial application will take about four-six months before a decision. Reconsideration (first appeal) will take about three-five months more. A hearing (second appeal) will take an additional nine-fifteen months or more.

Question #40: How often do you see denials become approvals on the second try?

Don Keck: Only 20% of the reconsiderations are approved, but the approval rate improves considerably to over 80% at the third level (Administrative Law Judge) of the process.

Question #41: 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?

Don Keck: Social Security denies about 2/3 of all initial applications.

Question #42: How many initial turndowns make it to the 3rd level? In other words, how many people give up?

Don Keck: We don't have the exact numbers, but far too many. Our 22 years of experience tells us that it is very important to stay in the process as long as possible.

Question #43: 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.

Don Keck: 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 customary work then age, education and work experience are factors in this last step of their evaluation process.

Question #44: With the looming costs and with all the baby boomers coming, is there any likelihood of SSDI getting pressure to deny more people or deny people already approved? Private companies seem to do/try it sometimes.

Don Keck: The increase in the proposed age requirements would suggest that this may happen.

Question #45: Why are so many people rejected on the first go around but are then approved later on? They didn't get anymore disabled.

Don Keck: There are several reasons but the primary reason is that the evaluation process at level 3 is different from the first two levels.

Question #46: In what way?

Don Keck: The Administrative Law Judges must weigh the evidence and must answer to higher court rulings.

Go On To Part 5 --- 61 Questions About Disability Services --- >

Previous

• 1
• 2
• 3
• 4
• 5

Next