No matter what state you reside in, you should have an idea of the wait times, approval rates, and other statistics surrounding the process of getting Social Security disability payments. If you live in Delaware, you need to be aware of the particularly low approval rates. This way, you know that you should not even begin the process without a lawyer, unless you want to risk an almost certain denial.
According to Delaware Online, the SSA rejected about 44% of the disability applications in that state between 2005 and 2008. This makes it one of the states with the highest rejection rates in the country. The only good news is that most applicants finally get approved for benefits once the case goes to a federal court.
The main complaints regarding the way the Delaware judges operate include unfair tactics. For example, many judges will not take the word of the applicant's doctor, but will instead rely on suggestions from their own physicians hired by the SSA. They have often callously concluded that applicants should simply manage the pain and get back to work. For anyone with a serious disability, this is obviously painful and unfair.
Of course, the number of people applying for disability in this state has grown in the last few years, mimicking the increase shown among people nationwide. Several people have waited for up to four years to hear a favorable decision in Delaware, and some have passed away in the meantime. Unfortunately, it looks like the issue in that state is much more depressing than the SSA simply being understaffed.
Many suggest that the Delaware judges consider a disability to warrant benefits only when the applicant can barely function. However, judges in most other states happily award money to those who are greatly affected by their condition, but not necessarily bedridden or unable to live a somewhat normal life. This might explain some of the disparity between the national denial average and Delaware's.
If you live in Delaware, or even any other state, and have been denied benefits, you should call your lawyer to find out the next step.
If you or your loved one are suffering from a severe physical or mental disability, you should contact a Social Security Disability lawyer immediately to learn about your rights and determine eligibility. The process of securing Social Security Disability Insurance benefits and/or Supplemental Security Income (SSI) can be difficult and overwhelming. Don't go it alone! The disability lawyers at LaVan & Neidenberg, located in Ft. Lauderdale, FL understand the inner workings of the Social Security Administration and will help you navigate the system. Call us today for a FREE legal consultation - 1-888-234-5758.
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