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According to the Social Security Administration, to be eligible to qualify for State disability benefits , some requirements must be fulfilled. The first requirement is the individual’s condition severity. Social Security Administration classifies severe or non-severe conditions by how they interfere with claimant’s normal daily living activities, like if their condition will allow them to work or not.
The minimum time frame to qualify for state disability benefits is 12 months. For example, if the individual’s medical records suggest that his condition is severe or disabling, but can be recovered to a non-severe or non-disabling condition before 12 months, the individual will be denied. The claimant’s condition must apply mental, physical, or both, restrictions that eliminate the individual’s ability to engage in one of their previous jobs in last 15 years. If you meet this condition, you can apply for state disability program.
Providing Medical Criteria Information
During the initial state disability interview, a claims representative will obtain all your medical records, like names of physicians you visited, hospitals and their addresses as well as phone numbers, and dates of treatment. You will be asked to provide information about your previous work history for that last 15 years. During this initial state disability interview, the claims representative will also evaluate other non-medical requirements needed for SSD. Non-medical requirements for SSD include proof of citizenship, personal information, marriages and insurance through your work record.
Approval of State Disability Insurance Benefits
Once you are approved for state disability insurance benefits, you will only receive SSD benefits after you have been disabled for over 5 months. However, it’s more likely that you will be approved after six months or a year, but you will receive a back-pay starting after 5 complete months after your disability began. You will receive your disability benefit check each month, and if your income is higher than a certain amount, you are required to pay taxes on your state disability benefits. Also, you will receive SSD as long as your condition is not allowing you to work, but Social Security Administration will perform a CDR (continuing disability review) on your case 1 to 3 years to evaluate if your medical condition is improving or not.
When State Temporary Disability Benefits is Denied
Not all applications for SSD are automatically approved. Some are rejected if they don’t meet the eligibility requirements. However, you have the right to appeal the decision as an applicant. Once you receive the denial letter, you have to request a review of the denial within 60 days. In most states, the first step of the appeal process is the request for reconsideration. It is a request for a new review by another claims examiner.
If your application is denied once again, you can appeal a medical decision and request a hearing with an administrative law judge (or “ALJ hearing”) working for the Social Security Administration. If that doesn’t go as planned, you have another option, which is a review by the Appeals Council of and administrative law judge (ALJ). The Appeals Council can reverse ALJ’s decision for a deserving applicant of state disability benefits, or grant an approval or remand a case (ordering a second hearing to be held), or issue another denial.