Approximately 22% of Hawaii residents have some form of disability, but only a small percentage of these people receive Social Security Disability benefits from the federal government.
Hawaiians living with disability are more likely to be smokers, obese, and struggle with a wide range of other health complications such as heart disease and diabetes.
Hawaii is a unique state in the country regarding employee health insurance due to the Hawaii Prepaid Health Care Act of 1974, which requires all employers to provide health plans for their employees on payroll for more than 20 hours a week.
Hawaii is the only state in the country with such a law that makes the state exempt from the national employee Retirement Income Security that sets uniform standards for employer-provided health benefits.
All people with disabilities in the state must go through the Hawaii Department of Human Services to qualify for disability benefits. Disability Determination Services (DDS) approves or rejects all applications. Here is everything you need to know about Social Security local to Hawaii.
How Do I Qualify for Disability Benefits in Hawaii?
Once you submit your SSDI application, it will be processed and determined by Hawaii’s Disability Determination Branch (DDB). The primary purpose of DDB is to help individuals who are unable to work because of a long-term medical condition cover their cost of living.
To qualify for SSD, you must have worked in jobs covered by Social Security and earned enough work credits. The amount of work credits you need depends on your age when you become disabled.
In general, you need 40 work credits, 20 of which must have been earned in the last ten years, leading to your disability. However, younger workers may qualify with fewer credits.
Your medical condition must also meet Social Security’s definition of disability. For SSD purposes, you are considered disabled if you cannot do work that you did before, DDB decides whether you cannot adjust to other work because of your medical condition(s), and your disability has lasted or is expected to last for at least one year or result in death.
Furthermore, your condition must be listed in the Blue Book created by Social Security or be equivalent to a listing. The Blue Book contains disabling conditions that automatically qualify an individual for Social Security disability benefits.
If your condition is not listed in the Blue Book, DDB will consider whether your impairment(s) is equally severe to any listed impairment. If you have had vocational testing and it is determined that you cannot do any other type of work, then you will qualify for benefits.
What Is the Process for Applying for SSD in Hawaii?
You can begin the application process for SSD online, over the phone, or by visiting your local Social Security office. To start your application online, visit www.socialsecurity.gov. To apply over the phone, call 1-800-772-1213 (TTY 1-800-325-0778).
If you prefer to apply in person, you can make an appointment with your local Social Security office by calling the same number above. When applying for SSD, you will need to provide:
- Your Social Security number
- Proof of your identity
- Information about your employment history for the last five years, including W-2 forms or tax returns
- A complete list of your medical conditions and the names, addresses, phone numbers, and dates of treatment for all doctors, hospitals, and clinics
- All prescriptions you are taking.
- Laboratory and test results
- If you receive Workers’ Compensation, have your most recent award letter or notice of compensation payable ready.
Once you have submitted your application, DDB will contact your doctors, hospitals, clinics, and other medical sources to get your medical records and will also contact your employers to verify your past employment and earnings.
DDB may also contact you to schedule an appointment for a disability examination with a doctor who is not connected with your treatment.
After DDB has gathered all of the necessary information, they will determine whether you are disabled.
If you are approved for SSD, you will receive a notice in the mail informing you of the amount you have been assigned and when you will start receiving it.
If you are denied SSD, you will also receive a notice in the mail informing you of the decision and what steps to take next if you wish to appeal the decision.
Appealing an SSD Claim Denial in Hawaii
Unfortunately, only 36.5% of initial SSD claims in Hawaii are approved. If your claim is denied, you have the right to appeal DDB’s decision. You must file an appeal within 60 days of receiving notice of the denial.
The first level of appeal is called reconsideration, during which a different claims examiner will review your case and all evidence that was considered in the initial decision.
You can request a hearing before an administrative law judge if your claim is denied again. The hearing will be held in person and will give you the opportunity to present testimony from witnesses, including yourself, regarding your disability.
The administrative law judge will decide based on the evidence presented at the hearing. If the judge denies your claim, you can appeal to the Social Security Administration’s Appeals Council.
If the Appeals Council denies your claim or chooses not to review it, you can file a civil suit in federal court.
It is important to note that appeals can take several months or even years to be resolved. Therefore, if you are denied SSD, you should not delay taking action to appeal the decision.
An experienced SSD attorney can help you navigate the claims and appeals process and give you the best chance of having your claim approved.
Hawaii SSDI Hearing Wait Times & Average Approval Rate
Hawaii is part of SSA’s “Region 9,” headquartered in Seattle, Washington. The state has one hearing office, and the average wait time is 353 days, slightly higher than the national average of 318 days.
It means that if you file for an SSD claim appeal today in Hawaii, you can expect to wait about a year for your hearing.
The good news is that the average approval rate at the hearing level is 76%, which is higher than the national average of 53.9%. Although this number is higher, always be prepared.
If you are considering applying for SSD or your claim has been denied, contact an experienced SSD attorney who can help you understand your rights and give you the best chance of getting your claim approved.
Research shows that applicants who file for their appeal with the help of an attorney have up to three times greater chances of being approved for SSD benefits than those who don’t.
What Should I Expect at My Hearing?
Your hearing will be conducted by an administrative law judge (ALJ). The ALJ is not an employee of the SSA.
The ALJ’s job is to hear testimony from you and any witnesses you bring, review the evidence in your case, and then decide whether you are disabled.
The hearing will be held in person, but it will be informal and relaxed. You will be sworn in before testifying, but you will not be questioned under oath.
You will have the opportunity to present testimony from yourself and any witnesses you bring to the hearing. Your attorney will be able to question you and any witnesses who testify. The ALJ may also ask questions.
After the hearing, the ALJ will review all of the evidence in your case and make a decision about whether you are disabled.
The ALJ’s decision will be based on the testimony presented at the hearing and the evidence in your case file.
If the ALJ decides you are disabled, you will be approved for SSD benefits. However, your claim will be denied if the ALJ decides that you are not disabled.
What Questions Should I Ask About Social Security in Hawaii?
Generally, you need to know five things before you apply for SSD in Hawaii:
- What are the deadlines for applying?
- How much does it cost to apply?
- How do I prove my disability?
- What is the appeals process if my claim is denied?
- Do I need an attorney?
You can find more detailed information about SSD in Hawaii by contacting an experienced SSD attorney. An attorney can help you understand the process and give you the best chance of having your claim approved.
We Are Here to Help You!
Legal Giant is committed to helping people with disabilities get the SSD benefits they need and deserve. We have helped thousands of people in Hawaii apply for SSD, and we can help you too.
Contact us today to schedule a free consultation with an experienced SSD attorney. We will answer your questions, help you understand the process, and give you the best chance of having your claim approved. Don’t wait – call us today!
