The disability process
“Process” can seem like a good word for it… but it doesn’t have to be that way. We prefer to use the word “system” because systems can be managed whereas processes must be endured.
Here’s how Social Security describes it:
There are five stages in the Social Security Disability disability system. Luckily, not all claimants will go through each of these stages. The fewer an applicant needs to go though, the faster a claimant can receive their benefits. That’s why it’s so important to have an attorney help you from the start, when possible.
Initial Application
The first step in the Social Security Disability claim process is to file an application. During this stage you’ll be asked to submit your basic information to the SSA with all of your medical evidence and supporting documentation. Typically, this stage takes between four and six months. About 30% of Disability applications are approved at this stage. A denial is not uncommon, but not the end of road. Odds of success can increase as you move though the next stages. If you’re denied at this stage you have 60 days to file an appeal. It’s important to contact an attorney right away if you’re denied to avoid missing this deadline.
Reconsideration
In some jurisdictions, the next step of the appeal process is a request for reconsideration. In other locations this step is not required. It’s important to contact an attorney to determine if this step is necessary. During this stage your application is sent back to the SSA for a second review. This process can take three to five months to complete and less than fifteen percent of appeals will be approved during this stage. Again, if you’re denied here you have a 60 day deadline to file an appeal or request for hearing by an Administrative Law Judge. Contact one of our attorneys right away if you received a denial at this stage.
Hearing by Administrative Law Judge
A formal request for hearing is necessary if you’re denied in the previous stages. This entitles you to a full examination by an administrative law judge. The judge will review your case, take your testimony, hear your attorney’s arguments and can either approve your claim, send your case back for review, or deny your claim. This stage of the appeal process can take up to two years to complete… for that reason it’s best avoided, but it does afford a claimant the greatest chance of success. Approximately, half of claims are awarded at this stage of the process. If you’re denied at this stage you have 60 days to file an appeal with the Appeals Council if you elect to do so. Contact your attorney to discuss your options.
Appeals Council
If you disagree with the ALJ’s decision regarding your claim for Social Security Disability benefits, you have the option of appealing the decision to the Appeals Council. Odds of succeeding at this stage drop dramatically. For that reason, it’s in your interest to speak with an attorney before you reach this stage. It’s common for the Appeals Council review to take 18 months or more.
Federal District Court
If your claim is denied by the Appeals Council, you may ask for your case to be reviewed in the Federal District Court. This stage is typically more complicated and expensive than the preceding stages and best avoided for that reason. It’s important to speak with an attorney as early in the process as possible to avoid any detrimental actions.