Process of Securing Benefits
Social Security Disability Claims and AppealsThe process of securing disability benefits under Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is long, complicated, and often discouraging. Our Disability Lawyers and professional staff members have helped thousands of individuals get SSI and SSDI benefits and structure our entire practice to deal efficiently and effectively with the Social Security Administration (SSA). Below is a summary of the SSA approval and appeal process. Begin the process as soon as possible to ensure you receive maximum benefits as quickly as possible. The Initial Claim for Social Security disability benefitsThe initial claim application is lengthy and detailed. It is important for the application to be filled out correctly and filed as soon as possible. Before beginning the application, you should gather all of the related documentation:
The initial claim can take four to six months to be processed and for a decision to be made. You can file an application for SSDI or SSI disability benefits by telephone, mail, online, in person at an SSA office, or through the services of a professional SSDI representative. It is true that your chances of having your claim approved are higher if you are represented by an experienced disability lawyer. Appealing the Social Security Administration decisionYou should not become discouraged if your claim is initially denied. In a recent year roughly 60% of claims were denied. An SSDI attorney will be able to determine what documentation and evidence will strengthen your claim. Our Social Security disability appeals lawyers have had excellent success in helping our clients win appeals. Below is a summary of the appeals process. Contact our firm for a professional evaluation of your claim and to discuss a possible appeal. Level 1: Reconsideration of your initial claimYou must request a reconsideration of your claim within sixty days of receipt of the denial letter. Reconsideration is a complete review of your claim by someone who did not take part in the first decision. They will look at all the evidence submitted when the original decision was made, plus any new evidence. After approximately four to six months a decision will be reached on the reconsideration request. The case will either be granted benefits or denied again. In some states, this process may vary. Level 2: Hearing by an administrative law judgeIf your claim is denied after reconsideration, you have 60 days to request an informal hearing. This will be in front of an administrative law judge who had no part in the first decision or the reconsideration of your case. The judge will listen to witnesses, review medical evidence, and decide your case. An SSDI appeal lawyer will help you prepare for the hearing and represent you at the hearing. The Judge will not announce a decision at the administrative hearing. It usually takes at least two to three months after the hearing to receive the decision, if not longer. If the decision is favorable, you should receive your first check about eight to twelve weeks after the decision. Level 3: Review by the Appeals CouncilIf the Judge's decision is not in your favor, the next step is to request a review by The Appeals Council. This must be done within sixty days after you have received the hearing decision. You should be represented by an experienced SSI/SSDI lawyer to ensure you have the best chance of winning the appeal. A failure to appeal by the deadline will result in having to start an entirely new claim unless you can demonstrate good cause for not filing the appeal prior to the deadline. Good cause includes illness, hospitalization, comprehension problems due to mental infirmity, or other circumstances beyond your control. If you have missed the deadline for a good reason contact our Help Center to discuss your situation. The Council looks at all requests for review, but it may deny a request if it believes the hearing decision was correct. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. If the Appeals Council denies your request for review, you will receive a letter explaining the denial. If the Appeals Council reviews your case and makes a decision itself, you will receive a copy of the decision. If the Appeals Council returns your case to an administrative law judge, you will receive a letter and a copy of the order. Level 4: Federal CourtIf the Appeals Council denies your appeal and/or refuses to review your case, you have 60 days to file a lawsuit in a federal district court. After reviewing the record from your hearing, the Federal judge can (1) award disability benefits, (2) deny disability benefits, or (3) send your case back to a lower court for an additional hearing. It is critical to have good legal representation to give you the best chance of winning the appeal. Our disability lawyers and your case manager will handle all contact with the Social Security Administration and monitor the process closely to ensure you receive benefits as quickly as possible. We are always available to take your call or e-mail and provide regular updates. Do you, a friend or someone you care about need to file a claim for social security disability? Please contact us and one of our representatives will assist today. NO-RISK GUARANTEE: No fee is collected unless you win social security disability benefits, and fees are only collected after you have benefited from our service.  
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