THE NORMAL PATH TO GET DISABILITY BENEFITS: WHAT TO EXPECT

I spend my days (and some nights) helping individuals get Social Security Disability Insurance (SSDI) benefits.  I want to help you understand what's involved in getting a benefit and what to expect from the process.

The first step is to file an application.  This complicated process can be done by the claimant or by a representative, such as myself.  Once the forms and questionnaires have all be sent in, it takes 4 or 5 months to get a decision.  Up to 80 percent of decisions will be denials.  The reason is usually:  "You are not disabled according to our rules."  Social Security has the strictest definition of "disability" of anyone.  It is simply hard to meet their definition, so most applicants get denied.  So, this completes the first step.

The first appeal is the next step.  You must appeal within 60 days of denial.  This first appeal is called "Reconsideration."  In my experience, it is a waste of time but it is required.  Your appeal goes back to the same state agency that denied your claim in the first place.  The same agency, but a different person, will "reconsider" their decision.  In over 90 percent of cases, they will deny again--so, usually a waste of time.  But it sets up the next appeal.

The second appeal is a hearing before an Administrative Law Judge (ALJ).  This is where you have some reasonable chance of getting approved and paid.  The ALJ will hear your testimony, listen to the arguments of your attorney/representative, and review all the evidence (including new evidence).  He or she will render a new decision within 3 months of the hearing.  This is the best chance in the entire process of being approved.

If the hearing decision is not favorable, there are other appeals available which I will not discuss here.  

I want you to understand that denials are very common (almost expected) at the first two levels.  The second appeal is your best bet.  Each appeal only allows you 60 days to file and you cannot miss this deadline.  You would not believe how many cases get dismissed because the appeal was filed a few days late.  That requires you to start all over with a new application.  Don't miss the 60 day deadline!

I have some other postings dealing with appeals, benefits and the hearing process.  Hopefully, these will help with information about the Social Security disability programs and processes.
_________