NAVIGATION IS SLOW AND DANGEROUS WITHOUT HELP

The process to get benefits from Social Security disability is terribly slow--and without expert legal help it can also be dangerous.  Dangerous in the sense of losing your chance to collect benefits.

The best odds of being approved for Social Security disability benefits are at the hearing level, which is the second stage in the process for most folks in Alabama.  Here are the normal steps available to a Social Security disability applicant, in the order that they occur:

APPLICATION STAGE:  This is often called the "initial stage."  The claimant's application is processed by the state Disability Determination Service (DDS), which denies about two-thirds of all applications. This stage usually takes about 4 months from the date of application.

HEARING STAGE:  Once denied by DDS, the claimant appears in person for a hearing before a US Administrative Law Judge.  It is currently taking 18 to 24 months in many cases to get a hearing scheduled (from the date of the DDS denial).  A hearing is seldom scheduled in less than 12 months. Approval rates vary widely from office to office and from judge to judge.  But the majority of awards are made here at the hearing level.

APPEALS COUNCIL REVIEW:  If the claim is denied again at the hearing level, it may be appealed to the Appeals Council--a group of administrative law judges in Falls Church, VA. Neither the claimant or the representative appears for this review.  An Appeals Council action takes at least one year and the most likely outcome is that the hearing decision (denial) will be upheld.  The second most likely scenario is that the decision will be remanded, i.e., returned to the hearing judge for further action or a new hearing.

FEDERAL COURT APPEALS:  If the Appeals Council review is unsuccessful, the final recourse rests with the federal court system:
  • a lawsuit in Federal District Court against the Commissioner of Social Security, and if not successful, this would be followed by....
  • an appeal to a US District Court of Appeals
The best odds of approval is at the hearing stage (step 2).  The claimant should take full advantage of the hearing by bringing the best representation possible to the hearing.  The case should be carefully prepared by the representative, who is familiar with the administrative law, procedures and evidentiary requirements.  Representatives do not get paid unless the claimant wins and back pay (past due benefits) can be recovered. 



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