NORMAL PATH OF A DISABILITY CLAIM

In describing the "normal path" of a Social Security disability claim, perhaps a disclaimer would be in order.  Every case is unique; therefore, no two cases are exactly alike.  So--caution with reliance upon "averages" apply.

Yet, in my practice as a Social Security disability advocate, here are some generalities I see with disability claims.

STEP 1:  File the application.  It will go to the Disability Determination Service (DDS) in Birmingham, a state agency under contract with Social Security to gather the medical records and make the initial determination.  Unfortunately, about 71 percent of applications are denied.  So, this is certainly not the end of the process, just the beginning.

STEP 2:  File an appeal, also known as a "Request for a Hearing by an Administrative Law Judge."  This must be filed within 60 days of denial.  It will take approximately 14 additional months to get a hearing.  You will appear at this hearing (with your representative). Award rates vary from judge to judge and office to office.  However, the average hearing approval rate in Alabama is 47 percent and the approval rate for the Florence, AL ODAR office is 42 percent.  (Huntsville is served by the Florence ODAR office).

STEP 3:  If the hearing is not successful, you may file a further appeal with the Appeals Council, which is your final agency appeal.  This usually takes about 1 year, as well. You will not make an appearance for this appeal. 

STEP 4:  Federal Court review is an option. An attorney may file a lawsuit for you.  Only about 1 percent of Social Security cases reach this level.  

"I caution people to be careful with how they view percentages.  If your case wins you are 100%.  If you lose, you are 0%."

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