"THE SOCIAL SECURITY DISABILITY ONION"

Here's a condensed version of the presentation I made last summer at the convention.  Several people suggested that I post this for the benefit of persons trying to get Social Security disability.  I hope it helps.


IF SOCIAL SECURITY DISABILITY WAS AN ONION....

The first layer would be rotten.  This is the application process, where up to 75 percent of claims are denied.  For most people, this first layer of the onion is pretty much a waste of time, except you have to peel off this layer to get to the next one.  So, expect tears in your eyes after you peel this first layer.  But the important thing is, don't stop at layer 1.

The second layer is a hearing before an administrative law judge.  This layer of the onion doesn't burn or stink as bad as the first layer.  Your chance of coming away from the hearing with benefits is better. In fact, this layer represents your best chance to win your benefits. Just be sure to follow the onion peeling rules and file an appeal within 60 days after your denial.

Layer 3 is for folks who got no relief at layer 2.  A group of judges at the Appeals Council will review what happened at layer 2.  If they don't feel layer 2 was quite fair to you, they will slide you back there for another hearing--a kind of third try.

Layer 4 really starts an entirely new onion.  Your case here moves away from administrative review at the Social Security Administration and goes into a US District Court.  It is a lawsuit against the Commissioner of Social Security. You must have an attorney for this layer.

The whole point of this story is to show you that the Social Security process has layers or "stages."  A lot of people stop after stage 1 (the dreaded denial letter).  The people who actually get benefits keep going to level 2, the appeal or hearing.  

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