Saturday, August 28, 2021

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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