SSD Disability: Social Security Disability Regulations

A questioner recently asked what are the Social Security regulations for disability?. Well, there are actual regulations; however, I think what the individual was really asking was “How do you qualify for disability?”.

Basically, the process works like this: an individual initiates an application for disability by contacting Social Security via phone, internet, or in person to file an initial disability claim. If you contact your local Social Security office or call the toll free Social Security number, you can schedule a disability interview that can be completed by phone or in person with a Social Security claims representative. You may also use the Social Security online disability application process to file for Social Security disability, although if you choose to use the online application method you will be unable to file for your potential entitlement to Supplemental Security Income disability program (SSI).

Most likely, if your file your application online you may still have to complete a disability interview with your local Social Security office by phone or in person, if you have not completed the disability form online, returned your signed medical release forms, or not clearly indicated that you do not wish to file for SSI.

Once you have completed your initial disability interview, your disability claim is forwarded to a state disability agency for a medical determination. Disability examiners at this agency gather medical records from the medical sources that you provided at your initial interview. If the disability examiner feels there is enough medical information in the records provided by your treating physicians, they will make a medical determination.

However, if the disability examiner finds that your medical records are not sufficient to make a Social Security medical determination, they may require you to attend a consultative examination with a physician who is paid by Social Security to evaluate your medical and/or mental conditions. These consultative physicians prepare a report for Social Security that addresses your medical and/or mental conditions and their opinion as to whether you are able to perform substantial work activity.

If your initial disability claim is denied, you may have to begin the Social Security disability appeal process to win your disability benefits. The Social Security appeal process begins with a request for reconsideration and generally ends with an administrative law judge hearing.

Although you can appeal an administrative law judge decision to the Appeals Council, many disability applicants file new initial claims while their cases are being reviewed by the Appeal Council. Most administrative law judge decisions, of course, are not overturned by the Appeals Council and a large percentage simply back as "request for review denied".

If you've assumed that the appeal process is time-intensive, you've guessed right. Even if you just have to appeal your disability claim to the disability hearings appeal level, it can take months or even years to receive disability benefits. And, unfortunately, there are some applicants that must go through the Social Security disability process more than one time.