Are you planning on applying for Social Security disability benefits?
Did you apply for Social Security benefits and were denied?
Get help from experienced Social Security Disability attorneys.
Social Security Disability benefits are meant to provide a safety net for those who are suffering from a medical condition that makes it very difficult or impossible for them to work. Unfortunately, the application process for obtaining Social Security Disability benefits can be daunting.
The application itself is time-consuming and can be difficult to understand. Furthermore, there are strict deadlines that must be met once the application is submitted.
The denial rate of first-time Social Security applications for disability benefits is a whopping 70 percent. From there, applicants can appeal, but the appeals process is also complex, and it can take up to two years before the first hearing even occurs.
While some applicants start the process on their own, an experienced Social Security attorney can help navigate the process from beginning to end. An attorney’s role is to help file the best claim possible, advocate for their client, keep their client informed about the status of their claim, and ensure important deadlines are met.
Do I Qualify?
If you plan to apply for Social Security Disability benefits or you application was denied, you may be eligible for a free consultation with an attorney. Do not try to tackle this grueling process alone.
You may qualify for legal help with your SSD claim under the following circumstances:
- You are at least 48 years old
- You are being treated by a doctor
- You have worked at least five of the last 10 years
Fill out the form on this page for a free case evaluation.
Overview: Social Security Disability Application
Those who suffer from medical conditions that leave them unable to work for over a year or who are expected to pass away from their medical condition may qualify for Social Security Disability Insurance (SSDI).
An application for SSDI can be made online, at a local Social Security office, or by phone. Applicants answer questions about their work history and will need to fill out an Activities of Daily Living Questionnaire.
Applicants need to be able to show that their medical condition will last for over a year. They will need to have medical records as well as other personal information, such as their social security number, birth certificate, physician contact information, and information about medications ready.
Work history, along with a recent W-2 form will need to be provided. Applicants should be prepared to provide a description of their current work as well.
Applicants may also be required to undergo another exam as a result of their initial contact with the social security office.
After the SSDI application is submitted to Social Security, the office will evaluate the claim. Two factors that are considered are work history and current employment status.
Either of these factors could disqualify an applicant, including if there is not a sufficient work history or if the applicant’s current job status disqualifies them from benefits.
If the applicant still qualifies, the Social Security office will send the information to an examiner at the Disability Determination Services office. The examiner will ultimately approve or deny the application for SSDI based on the medical information and work history provided. This office may require the applicant to be examined further.
Another factor is whether the applicant’s disability is included in the Social Security Listing of Impairments. This list includes impairments that have been determined to impact someone’s ability to work.
The Disability Determination Services office will evaluate whether the applicant’s disability, as reported by their medical records, will impair their ability to work based on their work history.
The applicant will receive a letter notifying them that they have either been approved or denied Social Security Disability benefits. It generally takes Social Security between three and six months to issue a determination. A mere 37 percent of applicants are approved at this point in the process.
Read More >> How to Apply for Social Security Disability Benefits
Appealing a Denial of Social Security Disability Benefits
Applicants who are denied SSDI can go on to appeal that decision. The first step is to request a reconsideration.
A request for reconsideration must take place within 60 days of receiving a denial of disability benefits from Social Security. Those who fail to request reconsideration will need to submit a new application.
The request goes back to the Disability Determination office, but will be handled by a different examiner and can take up to five months.
At this point it is important to ensure that all vital information has been included in the request for reconsideration—simply returning the same information will likely result in another denial and, in fact, over 80 percent of such requests are denied.
If an applicant’s request for reconsideration is denied, they can appeal that decision to an administrative law judge. A hearing will be held in which the judge will review the evidence and ask the applicant questions about their medical condition. The applicant can bring witnesses to testify about their medical condition and the administrative law judge can also request witnesses.
The appeals hearing can take over a year to schedule; however, the chances of success are much greater at this point.
If an SSDI claim is denied as a result of the appeals process, the applicant can appeal again, this time to the Social Security Disability Appeals Council. The Council will review the decision by the administrative law judge to ensure it was legal. The Council will not review the actual claim or any medical evidence, however.
An appeal to the Social Security Disability Appeal Council can take up to two years. The Council can approve the denial of the SSDI claim, remand the claim back to another administrative law judge for a hearing, or they can even approve the claim.
Appeals to SSDI claims that are denied by the Social Security Disability Appeal Council must be made to a Federal District Court. An appeal to a Federal District Court requires the payment of a filing fee or proof of financial hardship. The process will require an opening and reply brief, as well as oral arguments in front of a federal judge. These appeals can take up to a year.
A Federal District Court can either uphold the denial of the SSDI claim, send it back for review, or approve the claim. If the SSDI claim is denied, applicants can appeal to the Federal Circuit Court. At this point, it is highly recommended to consult an experienced attorney if the applicant has not done so already.
How Can a Social Security Disability Attorney Help?
As explained above, the application for SSDI is long and complicated. Those applying may not understand everything they need to submit to support their claim. Even at the initial application stage, an experienced Social Security attorney can help applicants provide the medical evidence required to support their application for SSDI.
When an application for SSDI is denied, as many are, it becomes even more important to consult with an experienced attorney. Once a claim is denied, the applicant only has 60 days to appeal. A Social Security attorney can ensure that this deadline, as well as others, are met.
Further, an attorney can help an applicant for SSDI gather the information they need for their appeal and help prepare them for a hearing. A hearing is, in essence, a meeting where an administrative judge will make a determination about a Social Security claim.
An experienced Social Security attorney will know what to expect at the hearing and can help the applicant understand what to expect.
At an appeal, witnesses may need to be called to support a claim for SSDI. An attorney can help identify which witnesses will be needed to support the claim.
If you plan to apply for Social Security Disability Benefits or your application was denied, you may be eligible for a free consultation with an experienced attorney.
Fill out the form on this page for a free case evaluation.
Get Help – It’s Free
Get Help With Your Social Security Disability Benefits Application
If you qualify, an attorney will contact you to discuss the details of your potential case at no charge to you.
PLEASE NOTE: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client or getting you dropped as a client.
E-mail any problems with this form to:
After you fill out the form, the attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you.
The choice of a lawyer is an important decision and should not be based solely on advertisements.
Counsel responsible for this advertisement includes Anthony Johnson at:
PAID ATTORNEY ADVERTISEMENT: THIS WEB PAGE IS AN ADVERTISEMENT AND THE PARTICIPATING ATTORNEY(S) ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. Top Class Actions is not a law firm, lawyer referral service, or prepaid legal services plan. We do not endorse or recommend any third-party claims processing company, lawyer, or law firm who participates in the network. We do not make any representation, and have not made any judgment, as to the qualifications, expertise, or credentials of any participating lawyer or processing group. No representation is made that the quality of the legal services or claims processing to be performed is greater than the quality of legal services or claims processing performed by other lawyers or claims processing group. The information contained herein is not legal advice. Any information you submit to Top Class Actions does not create an attorney-client relationship and might not be protected by attorney-client privilege. Instead, your information will be forwarded to an attorney or claims processing firm for the purpose of a confidential review and potential representation. You should not use this website to submit time-sensitive, or privileged information. All photos contained on this website are of models and do not depict clients.
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
This site provides information about the law and lawsuits and is designed to help users safely cope with their own legal needs. Legal information is NOT the same as legal advice - the application of law to an individual's specific circumstances. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want professional assurance that our information, and your interpretation of it, is appropriate to your particular situation. You should consider all postings or writings at TopClassActions.com by staff or others as personal opinion only and NOT the advice of a lawyer. Top Class Actions Legal Statement
©2008 – 2020 Top Class Actions® LLC
Various Trademarks held by their respective owners
Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.