Social Security Claims Process

 

  At Colarusso and Cohen, our lawyers have the experience you need to help you win your Social Security disability claim.  Contact us today at (412) 261-1380 or by email for a free consulation and evaluation.

 

The Social Security Administration's (SSA) provides benefits for certain people who cannot work because they have a medical condition which is expected to last at least one year or result in death.  Certain family members of disabled workers may also receive benefits from the SSA.

 

In general, to get disability benefits, you must meet two different earnings tests:

 

1.     A recent work test, based on your age at the time you became disabled; and

2.     A duration of work test to show that you worked long enough under Social Security.

 

Certain blind workers have to meet only the duration of work test.

 

How do I apply for disability benefits?

 

There are two ways that you can apply for disability benefits. You can

 

1. Apply online at www.socialsecurity.gov; or

2. Call our toll-free number, 1-800-772-1213, to make an appointment to file a disability claim at your local Social Security office or to set up an appointment for someone to take your claim over the telephone. The disability claims interview lasts about one hour. If you’re deaf or hard of hearing, you may call our toll-free TTY number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days. If you schedule an appointment, we’ll send you a Disability Starter Kit to help you get ready for your disability claims interview. The Disability Starter Kit also is available online at www.socialsecurity.gov/disability.

You have the right to representation by an attorney or other qualified person of your choice when you do business with Social Security. More information is in Your Right To Representation (Publication No. 05-10075), which is also available from Social Security.

 

When should I apply and what information do I need?

 

You should apply for disability benefits as soon as you become disabled. Processing an application for disability benefits can take three to five months.To apply for disability benefits, you’ll need to complete an application for Social Security benefits. You can apply online at www.socialsecurity.gov. We may be able to process your application faster if you help us by getting any other information we need.

The information we need includes:

 

1. Your Social Security number;

2. Your birth or baptismal certificate;

3. Names, addresses and phone numbers of the doctors, caseworkers, hospitals and clinics that took care of you, and dates of your visits;

4. Names and dosage of all the medicine you take;

5. Medical records from your doctors, therapists, hospitals, clinics, and caseworkers that you already have in your possession;

6. Laboratory and test results; A summary of where you worked and the kind of work you did; and

7. A copy of your most recent W-2 Form (Wage and Tax Statement) or, if you’re self-employed, your federal tax returns for the past year.                                                                                                                                                                                                                                                                                                                                                                                                                                                                    

 

 

What steps are in the process?

 

The process for disability could take from a few weeks to several years depending on what point in the process you receive a final decision.  There are different steps of the Social Security Disability Insurance (SSDI) process. You may not have to go through all of the steps listed in order to receive a final decision.

1: Initial Application

2: Reconsideration

3: Administrative Hearing

4: Appeals Council

Each level can be difficult for an individual attempting the process alone. You will be required to fill out detailed government forms, submit doctor records, complete questionnaires, and much more. The right representation at the very beginning can help you receive your benefits in less time and with less stress.

 

Initial Application

Many attorneys and disability service companies tell clients to "go and apply and once you're denied, come back and see us." That approach is not in your best interest. Social Security denies the majority of the initial applications it receives. However, SSDC is able to influence the outcome such that many our clients are awarded at initial application.

Paperwork at this stage can be overwhelming but it is very important that it be completed quickly, accurately, and with details that best describe your disability.

 

 

Reconsideration (Other than Pennsylvania)

If your initial application is denied, you have 60 days to appeal your denial by asking for a reconsideration. Your claim is then sent to a different reviewer at Social Security. During this time, your medical and work information will need to be reviewed and updated. According to SSA's own numbers, only about 10% of reconsiderations get approved. Once again, the right assistance at this level greatly increases your chances of a win.

(Alabama, Alaska, Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York, Pennsylvania, and some locations in California do not have a reconsideration stage; if you are denied in level one in these states, you will proceed to an 'Administrative Hearing.)

 

Administrative Hearing

If you are denied at Reconsideration (or live in the one of states listed above), you have 60 days to appeal the decision. The Social Security Administration assigns your claim to an administrative law judge who will make an independent decision based on the evidence. You will be notified of the time and place of the hearing (usually within 75 miles of your home) and it is important for you to attend. You will have an opportunity to submit additional evidence prior to the hearing. As with every stage of this process, good representation increases your chances of success. This is your first opportunity to speak face to face with the person (judge) who is determining whether you are disabled according to Social Security. For those who have been denied at initial application and reconsideration, the administrative hearing step is where most awards are granted.

 

 

 

Appeals Council

 

If you are denied at the Administrative Hearing, you have 60 days to file an appeal to the Appeals Council. The Appeals Council will then review the hearing denial to see if the judge did not follow Social Security's rules and regulations. The decision will then either be reversed, sent back to the judge for another hearing, or the denial will stand.

If a favorable decision is not reached at the Appeals Council level, you have a right to file an appeal to Federal Court.

 

Call (412) 261-1380 or email us for a free consultation and case evaluation.