Most people already know that the process required to up obtain their disability benefits can be a long and drawn out process. There are normally five stages to the process. The first two are really quite easy, and can be performed by the claimant. The last three stages can be somewhat complicated, and it is recommended that you hire an Attorney to complete them.
According to the Social Security Act, the definition of the word disability is the inability to do any type of gainful activity due to a medical, physical, or mental impairment, which is expected to last for a continuous period of at least 12 months. The claimant must be able to produce medical evidence to support that they really do have a disabling condition. The Social Security Administration will then give consideration to the combined effects of a claimant's disabilities.
In order to get the process started, you will need a statement from your Doctor stating that you are disabled and can no longer work due to a disability. After that, you will then be ready to go on to the first stage, which is the application process. In order to get your application, you will have to call your local Social Security office. You should attach any supporting medical records to your application.
If the Social Security Administration turns down your application, the next stage that you will go to is called the consideration stage. This is a stage where you are basically asked why you believe that benefit should be granted to you.
If they decide to turn you down at the Reconsideration stage, you will move on to stage three. This process will allow you to schedule a hearing before an Administrative Law Judge. This is normally the only "hearing" in the entire process, and any subsequent appeals that you make are going to be based upon this hearing, so make sure that you get all the evidence in your favor "on the record". More than likely this will also be the point where you will want to have an Attorney on hand.
If the Administrative Law Judge should decide to deny you benefits, you would then apply for an Appeals Council Review by the Social Security Administration. This is almost the same as the reconsideration stage. If you are denied your benefits at this stage, you would then move on to the final stage, which is going to court. During this stage you will be given the opportunity to sue the Department of Health & Human Services in Federal Court in a final attempt to obtain your benefits.
Any Attorney fees that you have accumulated up to this point will not have to be paid until your claim is actually awarded to you. Any fees that your Attorney decides to charge you will also need to be approved by the Social Security Administration as well as the Federal Court System.
Most people will agree that this is a very lengthy and time-consuming process however; you should not give up on your benefits if you really feel that you qualify to receive them. If in doubt, do not hesitate to contact the Social Security Administration, or an Attorney in your local area.
Published by Bennie Perry
Applying for Social Security Disability Benefits; What to ExpectObtaining Social Security Disability Benefits is often a long process with much "red tape". Knowing what to expect when attempting to obtain benefits might help eliminate the s...- Appealing a Social Security Decision: The Administrative Law Judge ProcessIf your application for Social Security has been denied or if you feel that you are not getting the full benefits that you deserve, there is a four step process that you may need to follow in order to appeal the decis...
Social Security Disability Benefits for Mental IllnessThis article explains the basics of applying for social security disability for mental illness, and offers tips on how to make the process easier.
Forms Needed to File Taxes on Social Security BenefitsDepending on the income situation of your household your Social Security benefits may be taxable. Knowing, in advance, what forms to file will make the process easier...- Social Security Benefits for Mental IllnessThousands of people in the United States suffer from debilitating mental illnesses in the United States. Your condition may qualify you for Social Security benefits.
- Guide to Social Security Benefits and Mental Illness
- Myths About Social Security Disability Benefits
- New Orleans Woman Fights the Social Security Administration for Disability Benefits
- Social Security Benefits: Advice for Baby Boomers
- Social Security Calculator Now Available
- Social Security Beneficiaries and Their Benefits
- Don't Let the Name Fool You, Social Security is Anything But
