SOCIAL SECURITY DISABILITY
The Social Security Disability Claims Process
Initial Application
You will make your initial application at your local Social Security office. We always encourage people to apply on their own at first, because you may be approved without needing assistance from an attorney and hence owe no attorney fee. That doesn't happen often, but it's worth trying. The time frame for an initial decision is usually 3 – 6 months.
If you are denied, don't be discouraged: most people are denied upon their initial application. Remember that the person who decides if you get SSD benefits is just an employee of the Social Security Administration, not a judge. They are likely to approve only those claims in which there is no doubt of disability. Usually the claim will be denied and you must appeal your application in order to continue your pursuit of benefits. If that happens, here are some things to keep in mind:
- You only have 60 days to appeal; if you fail to appeal in that time frame you have to start over and file a new application. DON'T MISS YOUR DEADLINE TO APPEAL.
- An attorney or representative will be glad to help you with the appeal process, and you should contact an attorney as soon as you have received a denial.
- You don't need an attorney to appeal the decision. You can go back to your local SSA office to get assistance.
Reconsideration
Your first appeal is sent to reconsideration. Again, the case is reviewed by a worker for Social Security rather than by a judge. As with the initial application, there are few cases that get approved at this stage of the claims process. The majority of cases will still be denied. And if you are denied, you still have only 60 days to file an appeal for a hearing. The reconsideration phase normally takes 6 – 9 months.
Next: The Social Security Disability Claims Process
Are you eligible for Social Security Disability? (3 MB)
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Medical Expert Opinion supporting disability – Nothing helps your claim as much, as having clear medical records and a good medical opinion in writing from your treating doctor that you cannot work.
Testimony from family, friends or relatives that have to assist you with activities, chores, etc., can be very powerful.
On-going medical records showing continuing disability. Even if you have a chronic condition, which you know the doctor cannot cure/improve. It is still beneficial to keep seeing the doctor and continue to relay your pain, symptoms, and ongoing or new problems. This is because it documents your ongoing condition. The Judge that oversees your case will want to know that these are ongoing problems and that you take them seriously. So continue to see a physician.
Person as a whole. Social Security looks at you as a whole, so you don’t have to be considered disabled as a result of one specific injury or illness. Instead you can be considered disabled if your “combination of impairments” make it so that you cannot work. Therefore, if you are depressed because of your condition, for example, you should seek mental health treatment to document that condition.
