THINK OF SOCIAL SECURITY DISABILITY AS AN ONION

Here is the condensed version of the talk I gave at the convention last summer.  Several people suggested that I post it as an encouragement to persons trying to get Social Security disability benefits.  I hope it helps someone.

THINK OF SOCIAL SECURITY AS AN ONION

Layer 1 of the onion is the application process.  You file an application for disability and wait for a decision.  As you peel this layer of the onion, there is likely to be tears.  That's because up to 75 percent of claims get denied at layer 1.  In fact, layer 1 is almost a waste of time, except you have to get past it to get to layer 2.  Warning:  If you give up after peeling layer 1, you have no hope.  Appeal a denial and move on to layer 2.  (There's a 60 day deadline to file this).

Layer 2 is the hearing before an administrative law judge.  This layer doesn't stink and burn quite as bad as the first one. You're less likely to come away in tears. In fact, this is where you find your best chance of getting paid. 

Layer 3 is for folks who didn't  get relief at Layer 2.  A group of judges, called the Appeals Council, will examine what happened at Layer 2.  If they don't like what they see, they will slide you back to Layer 2 for another hearing.

Layer 4 begins to peel an entirely new onion.  This represents a lawsuit in federal district court.  You will have to use a lawyer for this layer.

My big point is:  Don't make the mistake of giving up at Step 1.  If you do, you are out of hope.  Get up to level 2, the hearing, which is your best hope of winning.   

Comments

Popular posts from this blog

GETTING MONEY FROM SSDI

POST HEARING EVIDENCE

PARTIALLY FAVORABLE DECISIONS ON DISABILITY