Claims Process
The claimant must submit an initial application for the program(s) you qualify for with the SSA. To apply for Social Security Disability (SSDI) or SSI benefits based on disability, a person must first make a claim (fill out an application). This is done by contacting the Social Security office, either by phone or online at www.ssa.gov.
Your claim will be reviewed by the Disability Determination Bureau (DDB). Claims are assigned to disability specialists known as disability claims examiners who make the initial decisions on Social Security cases. In the course of working on a claim for SSDI or SSI, a disability examiner may do one or more of the following:
- Send letters to the claimant's medical sources (doctors, hospitals, and clinics) to request medical records
- Make calls to the claimant or the claimant's friends or relatives, to gather information about the claimant's conditions
- Speak with medical specialists (physicians, psychiatrists, and psychologists) employed by Disability Determination Services (required in most states)
- Send the claimant to a medical examination paid for by DDB if there is not enough information in the claimant's medical records on which to make a decision
If you receive a “Notice of Disapproved Claim,” don’t be discouraged, because only a small number of applications are approved at the initial level. If you have been denied, it is important to file an appeal.
You have 60 days after you receive the notice of a decision to file your "Request for Reconsideration," which is an appeal in this process. The DDB will update your medical records with any new information and allow them input on a state agency's initial review!
You should not be discouraged if you receive a notice of decision denying your disability claim. You have 60 days after the date that it arrives to file for an administrative hearing and most people who win their cases do so at this level!
As stated above, you have 60 days after you receive a notice of the decision to file your “Request for Hearing by Administrative Law Judge.” If you have not retained an attorney by now, you must do so.
This request is filed to obtain a hearing date, which means there will be more medical records that must be obtained, and submitted into evidence. You will also have to present your disability case, as well as answer the judge’s questions at the hearing. Some judges will continue your hearing if you do not appear with an attorney and you wish to have an attorney present. This continuance can cause a several-month delay in the process.
Your hearing will be held at your local SSA Hearings office. You should be advised that the laws and regulations that govern SSDI and SSI are quite complex. The Disability Benefits Law Center attorneys and staff will help you at each level and in preparing you for your hearing. We will also gather both past and current medical records to submit as evidence in court.
Many times, a vocational expert or medical expert will be called by the Judge to give his/her opinion as to your disabling condition. That person will review all the medical records submitted into evidence. Our attorneys will have the opportunity to cross-examine these experts and will also present arguments to the Judge. The simple fact is that people who are represented by attorneys are approved at a much higher rate than claimants who handle their hearing alone.
At the Disability Benefits Law Center, we practice only Social Security Disability law, and we have the experience and success needed to assist you in gaining the disability benefits you deserve.