In Tennessee, a limited number of disability claims are actually approved the first time an applicant applies. Unfortunately, this is typical whether an applicant is in Tennessee or outside the state. This means an applicant usually must file at least one appeal before they receive benefits. They may have the help of a social security attorney kingsport tn.
The Eligibility Requirements for Social Security Disability in Tennessee
An applicant must qualify for disability benefits provided by the Social Security Administration (SSA). To qualify for the social security disability (SSD) and/or supplemental security income (SSI), depend on a number of factors. For example, the applicant must meet the definition for disability created by the SSA. It involves three things:
1. The applicant’s disability must last for at least one full year or result in their death.
2. Their disability must interfere with their normal activities such as performing basic work activities.
3. The applicant’s disability must be so severe that applicant can’t engage in normal work tasks and can’t work in a different work title. This means the SSA tries to find an applicant different work based on their job training and education. If they can’t find a matching job for the applicant, the person may be considered disabled.
Decision Based on Two Factors
The SSA will approve an applicant’s benefits based on one of two factors. They will review the medical records to determine if they have a medical condition that meets the SSA’s definition of a disability. The SSA has a list of medical impairments and disabilities that it considers a disability.
The second way is looking the applicant’s medical records and work history. They are looking for any medical condition or conditions that may limit the applicant’s ability to work. If the applicant can’t work in their same field or do any other type of work, they are determined to be disabled.
Filing for a Social Security Re-determination
If the benefits application is denied, the applicant can file a reconsideration appeal. A reconsideration appeal is sent back to the Disability Determination Services. A second SSA disability examiner will determine if the appeal should be granted. This means the examiner can uphold the decision or reverse it. If they uphold the original decision, the applicant does have the right to continue the appeals process.
Tennessee Disability Hearings Is to Determine Whether the Appeal Is Reversible
If the reconsideration appeal is denied, the applicant can appeal the decision. This is done by filing a request for an administrative law judge hearing. An administrative law judge has more discretion in making disability decisions. A disability examiner doesn’t have that must leeway in making decisions about benefits.
It is important to remember that disability benefits by judges make their decisions based on the SSA rules and regulations. They also base their case on any objective medical evidence which validates the applicant’s claim. Thus, it’s important to hire an attorney to present a logical and properly prepared and presented case based on evidence regarding an applicant’s disability.