Social Security Disability - The Application Process  

  Initial Application       

Applying for Social Security Disability benefits is a long, frustrating, and stressful process. The first step is to file an initial application for disability benefits with your local Social Security Administration Office or by contacting Social Security's toll-free number at 1-800-722-1213.  In 2002, the Social Security denied 62% of all disability cases at the initial level. Disability rules and law are complex, confusing, and tricky. From the start, you need expert assistance to avoid omitting or adding information that is harmful to your case. See Allowance Rate Chart

If DYNAMIC DISABILITY SOLUTIONS represents you at this stage, we will arrange to have your application filed correctly the very first time. We will assist you in completing necessary paperwork and we will talk to the disability examiners and officials at Social Security to ensure that all favorable evidence for your claim is in the disability file. Immediately, we process your paperwork and we make sure that SSA handles your file as expeditiously as possible. If you file an initial application without our assistance, please make sure you retain copies and get receipts for everything that you submit to SSA.   

If SSA denies your Social Security disability claim, you must appeal the unfavorable decision in writing within 60 days from the date you receive your denial notice. Now, you have three levels of appeal: (1) formal hearing by an Administrative Law Judge; (2) administrative review by the Appeals Council; and (3) federal district court.  This appeal process is changing soon.  

New Disability Determination Process

In March 2006, the Social Security Administration issued a final rule that provides for a new process to improve disability decisionmaking.  The new rules are schedule to begin in September 2006 in the New England states. The changes include:

  • Establishing a quick disability determination process for persons who are obviously disabled. Favorable decisions will be made in such cases within 20 days after the claim is received by the state Disability Determination Service.
  • Creating a new Medical-Vocational Expert System to enhance the expertise needed to make accurate and timely decisions.
  • Eliminating the reconsideration step of the current appeals process and replacing it with a new step—a review by the Federal Reviewing Official, a trained attorney who will review state agency determinations at the request of the claimant.
  • Retaining the right to request a hearing and new decision from an Administrative Law Judge if the claimant disagrees with the decision of the Federal Reviewing Official.
  • Closing the record after the Administrative Law Judge issues a decision, with provision for certain good-cause exceptions to this rule.
  • Creating a new body—the Decision Review Board —to review and correct decisional errors and ensure consistent adjudication at all levels of the disability determination process. The current Appeals Council will be phased out in the coming years.
 

 

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