The Process
Access Disability, LLC tells you how the process of applying for SSI or Social Security disability works. We explain each stage of the process. We also tell you how long you can expect the process to take. Be forewarned: the process is not fast.
FIRST STAGE - THE APPLICATION
You can apply for SSI or Social Security disability benefits at any Social Security Administration (SSA) local office. To find out which office is nearest to your home, call SSA at 800-772-1213. Some claims can be filed online by visiting www.ssa.gov.
When you apply, you will speak with a “claims representative.” This worker will ask you many questions. The worker will also want details on your medical treatment, so have that information ready. But don’t wait to apply. You will have time to get this information to SSA after you apply.
Once you have applied, SSA will try to get copies of your medical records. It will have its own doctors review your records and your complaints. It may also ask you to go to other doctors for an exam at its expense.
Social Security should finish making its determination within about 120 days (4 months) unless there are problems getting medical records, or you get sent to see one of their doctors.
(There used to be another step, called “reconsideration” after the first decision was made in a case. For people living in Missouri, that step no longer exists in applications for new, ongoing benefits. On cases in which benefits are being terminated, or cases in which the application is denied for non-medical reasons (such as too much income in an SSI case), reconsideration is still available. For people in Illinois, the reconsideration stage is similar to the initial stage.)
When SSA makes its decision, it will let you know in writing. If you are given benefits, SSA will send you a “notice of award” letter saying how much you can expect. If you are denied benefits, SSA will send you a “notice of disapproved claims.” This notice should say why SSA denied your claim. From the date you receive your denial, you have 60 days to appeal – to request a hearing before an Administrative Law Judge. If you are going to appeal, you should do so as soon as possible. If we represent you, we will help you file this appeal.
Access Disability, LLC tells you how the process of applying for SSI or Social Security disability works. We explain each stage of the process. We also tell you how long you can expect the process to take. Be forewarned: the process is not fast.
FIRST STAGE - THE APPLICATION
You can apply for SSI or Social Security disability benefits at any Social Security Administration (SSA) local office. To find out which office is nearest to your home, call SSA at 800-772-1213. Some claims can be filed online by visiting www.ssa.gov.
When you apply, you will speak with a “claims representative.” This worker will ask you many questions. The worker will also want details on your medical treatment, so have that information ready. But don’t wait to apply. You will have time to get this information to SSA after you apply.
Once you have applied, SSA will try to get copies of your medical records. It will have its own doctors review your records and your complaints. It may also ask you to go to other doctors for an exam at its expense.
Social Security should finish making its determination within about 120 days (4 months) unless there are problems getting medical records, or you get sent to see one of their doctors.
(There used to be another step, called “reconsideration” after the first decision was made in a case. For people living in Missouri, that step no longer exists in applications for new, ongoing benefits. On cases in which benefits are being terminated, or cases in which the application is denied for non-medical reasons (such as too much income in an SSI case), reconsideration is still available. For people in Illinois, the reconsideration stage is similar to the initial stage.)
When SSA makes its decision, it will let you know in writing. If you are given benefits, SSA will send you a “notice of award” letter saying how much you can expect. If you are denied benefits, SSA will send you a “notice of disapproved claims.” This notice should say why SSA denied your claim. From the date you receive your denial, you have 60 days to appeal – to request a hearing before an Administrative Law Judge. If you are going to appeal, you should do so as soon as possible. If we represent you, we will help you file this appeal.
SECOND STAGE - HEARING WITH ALJ
When your Request for Hearing has been filed, your case will be sent to the Office of Hearings and Appeals. Here, an Administrative Law Judge will take a fresh look at your case.
The judges are employed by SSA. However, they are in their own division of SSA, and are independent from the rest of SSA. They should take a fresh and unbiased look at claims, regardless of what was done at the previous stages.
As soon as the judge’s staff has your file ready, your hearing will be scheduled. Unfortunately, it normally takes 12-20 months for a hearing to be scheduled. If we represent you, we will look for ways to avoid this delay. Sometimes, we can save a client many months of waiting. Notice of the time and place of the hearing will be mailed to you. If we represent you, we will also get a copy.
At the hearing, you will answer many questions about your condition, your living situation, your work experience, your education, your medical history, your daily activities, and anything else the judge thinks is important. Some judges do most of their own questioning. Others leave it to the lawyer if one is present.
Usually the only people present at the hearing are you, your lawyer, the judge, and the clerk. Sometimes the judge will ask an expert witness to testify. You may have a witness come to testify on your behalf, but your lawyer will help you make those decisions.
Most hearings take an hour or less. At the end of the hearing, the judge may close the record. The judge may also hold the record open for a short time to let your lawyer submit more evidence. Sometimes the judge will send you to a new medical exam.
Once all the evidence is in, the judge will decide your case. Some judges decide cases more quickly than others. It could take several months after the hearing to get a decision from the ALJ.
You will get the judge’s decision in writing. If you win, SSA will let you know, usually within a few months, how much money you will be getting. If you lose, you have 60 days to appeal to the Appeals Council. If we represent you in this appeal, we will file it for you.
BEYOND THE SECOND STAGE
The Appeals Council is in Virginia, and appeals to it are done on paper. If we represent you in an appeal, we send the appeal forms on your behalf. We usually also send an argument explaining why we think the judge’s decision was wrong. It normally takes at least 6-12 months or more to get a decision from the Appeals Council. If you lose at that level, your last appeal is to the federal courts.
When your Request for Hearing has been filed, your case will be sent to the Office of Hearings and Appeals. Here, an Administrative Law Judge will take a fresh look at your case.
The judges are employed by SSA. However, they are in their own division of SSA, and are independent from the rest of SSA. They should take a fresh and unbiased look at claims, regardless of what was done at the previous stages.
As soon as the judge’s staff has your file ready, your hearing will be scheduled. Unfortunately, it normally takes 12-20 months for a hearing to be scheduled. If we represent you, we will look for ways to avoid this delay. Sometimes, we can save a client many months of waiting. Notice of the time and place of the hearing will be mailed to you. If we represent you, we will also get a copy.
At the hearing, you will answer many questions about your condition, your living situation, your work experience, your education, your medical history, your daily activities, and anything else the judge thinks is important. Some judges do most of their own questioning. Others leave it to the lawyer if one is present.
Usually the only people present at the hearing are you, your lawyer, the judge, and the clerk. Sometimes the judge will ask an expert witness to testify. You may have a witness come to testify on your behalf, but your lawyer will help you make those decisions.
Most hearings take an hour or less. At the end of the hearing, the judge may close the record. The judge may also hold the record open for a short time to let your lawyer submit more evidence. Sometimes the judge will send you to a new medical exam.
Once all the evidence is in, the judge will decide your case. Some judges decide cases more quickly than others. It could take several months after the hearing to get a decision from the ALJ.
You will get the judge’s decision in writing. If you win, SSA will let you know, usually within a few months, how much money you will be getting. If you lose, you have 60 days to appeal to the Appeals Council. If we represent you in this appeal, we will file it for you.
BEYOND THE SECOND STAGE
The Appeals Council is in Virginia, and appeals to it are done on paper. If we represent you in an appeal, we send the appeal forms on your behalf. We usually also send an argument explaining why we think the judge’s decision was wrong. It normally takes at least 6-12 months or more to get a decision from the Appeals Council. If you lose at that level, your last appeal is to the federal courts.
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communication by e-mail is not necessarily secure and confidential.
The information and materials on this site are general in nature and are provided for informational purposes only. The use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Do not send any information to us regarding a specific legal matter until you have spoken with one of our attorneys and obtained authorization to do so.
Any communication with us through this site or by e-mail will not be considered as privileged or confidential.
The information and materials on this site are general in nature and are provided for informational purposes only. The use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Do not send any information to us regarding a specific legal matter until you have spoken with one of our attorneys and obtained authorization to do so.
Any communication with us through this site or by e-mail will not be considered as privileged or confidential.
Please consider calling us about your case, or referring your clients with Social Security or SSI cases to
David Camp, Brigid McNamara, and Access Disability, LLC.
Please call us at (314) 450-4700.
© 2011 Access Disability, LLC
David Camp, Brigid McNamara, and Access Disability, LLC.
Please call us at (314) 450-4700.
© 2011 Access Disability, LLC
