USUAL PATH TO SOCIAL SECURITY DISABILITY
After practicing Social Security disability law for decades, we have found that the typical path to getting Social Security disability benefits is this:
Step 1: File a claim. If you are under age 55, the application will usually be denied after 5 or 6 months. Reason given: "You have some limitations which may prevent you from doing your past work; however, there is other work that you are able to do."
Step 2: File for "Reconsideration," asking the same state agency to review your claim again. The usual result is another denial after 3 to 4 months. The reason usually given: "Our experts have reviewed your information and found that our decision was correct according to the law."
Step 3: File a Request for Hearing by an Administrative Law Judge. After a few months, you will be scheduled for a hearing with a judge. Take your attorney with you--because the judge will expect an expert legal presentation of your case.
A majority of disability cases that get paid go before an Administrative Law Judge and are paid after a hearing. It's easy to think of a hearing or judge as an extraordinary step that's required in only a few cases. But it is a very ordinary step which is required more often than not in order to get approved.
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