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When a person applies for social security disability, including SSI disability and SSD disability, the claim goes through three stages. The first, naturally, is filing the application with the Social Security Administration. This application can be submitted by mail. However, it is easier and more efficient to apply by phone or on-line.
Application – Social Security Administration
Once the application is filed, Social Security will conduct an in-depth interview to assess disability. They will also review the person’s education level and past work experience. Social Security will seek to perform this interview in-person; however, it can be done by phone if it is difficult for the applicant to travel. Once the application process is completed, Social Security will typically pay to have a doctor examine the applicant to assess physical or psychological disability. The application is ruled on after the medical examination. Typically, the initial decision is made with 120 days of the date the application is filed. Over 60% are denied at this stage.
Request For Reconsideration – Social Security Disability
In most states, the next step is to appeal through a document called a Request For Reconsideration. This appeal must be filed within 60 days of the date of the application denial. Reconsideration is done by the same state agency that denied the application so the odds are that the application will be denied again. The Reconsideration decision is usually issued within approximately 90 days.
Requesting a Social Security Administration Disability Claim Hearing
After denial of the claim at the Reconsideration level, you must request a hearing. At this point the claim leaves the State agency level and is handled by the Social Security Administration. The hearing is held before an Administrative Law Judge (ALJ). The ALJ is not bound by the prior decisions. The wait-time for a hearing depends on the office and ranges from 6 months to, unfortunately, more than 2 years. Prior to your hearing you can and should submit new or updated disability impairment medical evidence. A Social Security disability lawyer can help gather and refine the evidence you will need.
Social Security Disability Laws and Regulations – SSD Attorneys
You should also be aware that the laws and regulations that govern Social Security disability are extremely complex. It is never enough to simply show that you can’t perform your old job. Further, the simple fact is that people that are represented by attorneys during the process are approved at a much higher. For these reasons you should strongly consider retaining an experienced Social Security disability attorney to assist you.
Will a Social Security Disability Lawyer representing your case help? Click to contact Berry and Associates legal team to discuss your Social Security disability benefits claim or call 1-800-507-4774.
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