social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Thursday, August 7, 2008

Filing for Disability – What Should I Expect?

If you are filing for disability with the Social Security Administration, you should expect that the disability process may be a lengthy one. You may be asking yourself at this point just how long it will take for your disability claim to be approved.

The Social Security disability process begins with the filing of your initial disability claim. Generally, initial claims take about ninety days to process to a decision, however nothing is written in stone with regard to processing time. Additionally, there is a good chance your initial disability claim with the Social Security Administration will be denied. In fact, about sixty percent of all initial disability claims are denied. If your disability claim is denied and you still wish to pursue your disability claim with Social Security, you must begin the Social Security disability appeals process.

Your first appeal level is known as a request for reconsideration, and it is a reconsideration of the initial disability determination. You must complete your reconsideration appeal paperwork and return it to Social Security within sixty-five days of the date on your denial notice, in order to continue the disability claim process.

After you return your completed reconsideration appeal paperwork to Social Security, your disability claim is sent back to the same state disability agency that made the initial decision, the only difference being that your disability claim is reviewed by another disability examiner. The chances of winning disability at this level are under twenty percent, because the second disability examiner is bound by the same guidelines the initial disability examiner was bound by. What this means to you is that unless there was an obvious error in the initial disability claim decision, your disability claim will be denied at the reconsideration appeal level.

The second level of appeal is known as the hearings request. What is a hearing request? A hearing’s request is simply a request for an administrative law judge hearing. As you might guess, your disability claim is reviewed at this hearing which is held at a Social Security hearings office before an administrative law judge.

For many individuals this is the best chance of approval for disability benefits from Social Security, because an administrative law judge has much more flexibility in making their disability determination. The problem with this appeal level is just how long it takes to be scheduled for an administrative law judge hearing. Many hearings offices across the nation have backlogs of hearing requests waiting to be scheduled, and this means that you may be waiting more than twelve months for a hearing.

To be prepared for the Social Security disability process, you should expect that it might take a long time to be approved for Social Security. Sadly, some individuals do not win their disability benefits at the administrative law judge hearing. If you are denied at the administrative law judge hearing, you can appeal the decision. However, you should also begin your disability process again by filing a new initial disability application while waiting on an appeal of an administrative law judge’s disability decision (most appeals at this level--an appeals council review of the judge's hearing decision--are denied).

As you can see, filing for disability and winning disability benefits might take a very long time, therefore you should try to financially prepare yourself for this possibility. And this preparation, ideally, should begin from the moment you file your claim.







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    Social Security Disability Prior Posts

    Eligibility for disability benefits
    How long does it take for a reconsideration for SSI?
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    SS Reconsideration
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    SSD (Social Security Disability) Reconsideration
    Qualifying for disability on the first application
    Winning your Social Security Disability
    North Carolina Disability Attorney
    Virginia Disability Attorney
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




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