A common question Social Security Disability clients have is: “What happens after I apply for Social Security Disability?” Unfortunately, the answer is not always a short one. The Social Security Disability process can take time, and many deserving applicants are denied before their claim is ultimately approved. Understanding the basic process can make it a little less frustrating.
Step 1: The Initial Process
The process begins by filing an application for disability benefits with the Social Security Administration. For Social Security Disability Insurance (SSDI), you generally must have worked long enough and recently enough to be insured under the program. You must also have a medical condition that prevents you from engaging in substantial work activity and that has lasted, or is expected to last, at least 12 months.
Social Security will obtain information about your medical treatment, medications, work history, education and daily activities. Your medical records are extremely important. Simply having a diagnosis is not enough. The issue is how your medical conditions affect your ability to function and work on a regular basis.
A significant number of individuals seeking social security benefits who have been denied will call us after the denial of the initial application. You will receive a letter from the Social Security Administration advising that your claim has been denied. Once you are denied, you have 60 days to file for what is called Reconsideration. This is a good time to take the opportunity to discuss the denial with a Social Security Disability attorney to assess what should be done to better your chances of having your disability benefits approved through the reconsideration process.
Step 2: Reconsideration
If your initial application is denied, you can appeal by requesting Reconsideration. You have probably heard other people say you will always get denied initially and will have to file for reconsideration. An attorney can help prepare your case for reconsideration. The attorney may review the medical information and gather additional records, identify for the administration what diagnosis and conditions are relevant, provide details about your educational background and work experience which are important and submit a more comprehensive picture, which may include more medical information and documentation, to support why your disability benefits should be approved.
At this stage, Social Security takes another look at the claim, generally using a different examiner. There is no guarantee that your claim will be approved at this stage and many are denied a second time. A denial does not necessarily mean you have a bad disability case. In fact, many clients who have significant medical problems get denied at both the Initial and Reconsideration levels.
Step 3: Hearing Before an Administrative Law Judge
If the claim is denied at Reconsideration, the next step is to request a hearing before an Administrative Law Judge, or ALJ.
This is often the most important stage of the disability process. An Administrative Law Judge has much more experience than the examiners who may have denied a claim at the initial and reconsideration levels.
Before the hearing, the medical evidence should be reviewed carefully and updated. At the hearing, the judge will typically ask questions about your medical conditions, past work, symptoms, treatment and day-to-day limitations. A vocational expert may also testify about whether someone with your limitations could perform your past work or other jobs.
This is also the stage where having an experienced Social Security Disability attorney can be particularly helpful. A good representative should know the medical evidence, understand Social Security’s rules, identify the strongest parts of the claim and be prepared to address the problems in the record before the hearing ever begins.
What Happens if the Judge Denies My Social Security Disability Claim?
An unfavorable decision from an ALJ is not necessarily the end of the case. A claimant may request review by the Social Security Appeals Council. In certain cases, a further appeal can then be filed in Federal District Court.
The important thing to remember is that a Social Security Disability claim is a process. A denial—particularly an early denial—does not automatically mean that you are not disabled. This process takes patience and cooperation.
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We are happy to discuss any questions you may have about pursuing a social security disability claim. Whether you are applying for the first time, appealing a denial or setting a case for hearing, our office can help you take the next step. Being unable to work because of serious physical or mental health conditions is stressful and creates a hardship on the disabled person and the family. With staff dedicated solely to handling social security disability claims, we are equipped to achieve the best outcome for you. Warren & Griffin has ten attorneys, more than twenty-five support staff and three (3) convenient locations in Southeast Tennessee and North Georgia, to assist you with all types of injury claims. We also have an office in Mobile, Alabama, dedicated solely to handling social security disability claims. If you need us, we are available twenty-four (24) hours a day, seven (7) days a week, three hundred sixty-five (365) days a year. Justice does not sleep!
Get started by calling 423-265-4878 or submitting a free case evaluation.
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