How to Get Social Security Disability

The process for obtaining Social Security Disability benefits is rarely easy nor is it self-evident. There are many steps and barriers and the old tongue in cheek adage of "Im from the government and I am here to help you" applies.

In the depths of the Social Security Administrations disability application process there are hurdles that must be overcome. There is, or course, the initial application process. You can do this online (at www.ssa.gov), by telephone or at your local Social Security Office. Only a small percantage of applicants are successful at the initial application step. If successful, you are done and you should start receiving monthly benefits shortly after your approval. If you are not successful at the application level, you may file for so-called "reconsideration." If you are approved at the reconsideration level, once again, you are done. If not, you may then request a hearing before an Administrative Law Judge. If the Judge approves the claim, you are done. If not, you may then request a review by the Appeals Council and thereafter in the United States District Court.

Paying a Disability Attorney or Advocate

If you seek legal assistance in your application process, you will generally be charged a contingent fee that is a percentage of your past due lump sum benefit that you receive. The Social Security Administration must review and approve the fee and the fee can never be more than 25% of your past due lump sum award or $6,000.00, whichever is less. All future benefits that you receive for the rest of your life are 100% yours.

1. The Initial Application

The first step in your quest for benefits is the initial application to your local Social Security Office. You should make sure that you have obtained sufficient medical documentation to support your claim for disability. It is important to let your treating doctor know that you are seeking disability benefits and to make sure that the doctor's records are complete and that they fully document the diagnosis, treatment and assessment of the disabling condition in concrete terms. A mere statement from your doctor that he or she thinks you are "disabled" is never sufficient.

If your disability claim is approved, you will receive a written notice from the Social Security Administration, showing the amount of the monthly benefit you will receive and the date on which payments will start. In general, you will receive your first Social Security disability check in the sixth full month after you became disabled. Along with your check, you will also get a copy of a booklet describing your responsibilities as a disability payment beneficiary. Among these responsibilities are providing notice to the Social Security Administration if your condition improves enough to allow you to perform substantial gainful work.

2. Reconsideration

If your initial claim is denied, or if you disagree with any decision made by the Social Security Administration in handling your claim, you have the right to appeal the decision. This first "appeal" is known as a request for reconsideration and it will lead to reconsideration of your file by persons within the Social Security Administration other than those who made the initial decision you are appealing. You have 60 days from the day you receive notice that your initial claim was denied to request reconsideration. When you receive the initial denial notice, you should immediately set up an appointment with a Social Security Disability attorney for an initial consultation where the attorney will explain the full process and provide an initial recommendation and determination as to whether the attorney is willing to accept your case.

3. Hearing Before an Administrative Law Judge

If you are denied your claim at the reconsideration level, you may then appeal for a hearing before an administrative law judge. While you can present your own claim before the judge, a Social Security Disability Lawyer has the experience and knowledge to obtain the necessary information and testimony that will be important to assisting you in getting your benefits. Typically within 30-60 days after the hearing , the Judge will issue a written opinion regarding your claim.

4. Appeals Council and US District Court

If the administrative law judge fails to grant your benefits or address your concerns, you may then request a review of the decision by the Appeals Council. Such reviews, unfortunately, can take more than a year or two to work through the system.

5. United States District Court

Finally, if the Appeals Council does not send the case back to the Judge for a review, you may then file an appeal in the U.S. District Court.

In short, it is a long and arduous process to get Social Security Disability Benefits. Generally speaking, once you are denied at the initial application level, it is vital to seek assistance so that you can increase your chances of successfully obtaining the benefits that you so desperately need.