The Application and Appeals Process for SSDI and SSI Claims:

 Initial Application:

When pursuing Social Security Disability (SSDI) or Supplemental Security Income (SSI) benefits one first fills out the initial application.  This can be done in person, by phone, or online, and one should include medical records.  The finished application is then submitted to the Social Security Administration (SSA) who sends it to Disability Determination Services (DDS).  DDS then reviews your claim.  The determination process usually takes 3 to 6 months after which you will receive a determination letter from the SSA.

Reconsideration:

If your application is denied, you have 60 days to file a request for reconsideration with the SSA.  Hiring an experienced attorney at this step is very important.  He or she will be able to review your initial application and determine if any additional evidence needs to be presented or any information needs to be presented differently.  Your attorney will file the request for reconsideration for you and help gather any additional evidence to support your claim. The request will then be sent to DDS again for review.  Only a small percentage of claims are approved at this stage.

Administrative Law Judge Hearing:

If your claim is again denied, you have another 60 days to request a hearing with a judge.  If you still do not have a lawyer at this point, we strongly recommend that you retain an experienced social security disability attorney.  Your chances of winning at an administrative hearing are much higher with good representation.

The hearing will be held before the Office of Hearings Operations (OHO) where an Administrative Law Judge (ALJ) will decide whether or not you will be awarded benefits.  Your lawyer will develop your case and prepare you before the hearing.  The ALJ will ask you many questions.  Your lawyer will also be able to take your testimony to highlight the strengths of your case and introduce any medical opinions.  Your attorney will also be able to rebut any adverse vocational evidence.  Finally, your attorney should keep the record updated with your most recent medical records.

Appeals Council:

If your claim is denied by the ALJ, you have 60 days to request that the Appeals Council review your case.  The Appeals Council will either dismiss your case, overturn the decision and grant benefits, or remand it to back to the ALJ for another hearing.

Federal Court:

If your claim is dismissed by the Appeals Council, you have 60 days to file a petition against the SSA in Federal court.  Federal judges are supposed to review the case only for legal errors.  Reasons for a reversal often include the SSA not considering pain and other symptoms, not giving sufficient weight to a treating doctor’s opinion, or not asking for assessments of abilities from treating doctors.

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