Social Security Disability Claims Process
Obtaining Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits can be a lengthy and complex process. At Silver & Silver, our experienced attorneys are here to guide you through the potential pitfalls from the initial application to receiving your back payments and ongoing monthly benefits.
Initial Application Process
- How to Apply: You can submit your application in person, over the phone, or online. For clear-cut cases, we recommend applying in person at your local district office to allow a claims representative to observe any physical or mental limitations firsthand.
- Scheduling Appointments: Contact Social Security directly via their toll-free number at 1-800-772-1213 to arrange your application appointment. Our legal team can assist you in deciding the best way to apply and preparing the necessary documentation.
Post-Application Steps
- Documentation and Medical Exams: Following your application, Social Security may send forms to complete and schedule a medical exam with their doctors. We strongly recommend that these forms and the approach to the medical exam be reviewed with our team to ensure all details are correctly presented.
- Initial Determination: Typically, a decision is made within 90-120 days after application. A denial at this stage does not mean your case isn’t viable; rather, it’s often a cue to prepare for an appeal.
- Reconsideration: If denied at the initial level, you have 60 days to file for Reconsideration, an essential step before requesting a judicial hearing.
- Administrative Law Judge Hearing: If reconsideration is denied, the next step is to request a hearing, usually scheduled 6-9 months later before an ALJ. Approximately 44% of cases are awarded at this level nationally, though our clients experience a higher success rate due to thorough preparation and robust medical documentation.
Hearing Preparation
- Meeting with Our Legal Team: It is crucial to review hearing procedures and anticipated questions with our attorneys. We recommend bringing a witness who can attest to your limitations during this preparation.
Post-Hearing
- Decision Timeline: Decisions typically arrive one to three months after the hearing. If successful, you will start receiving benefits, including any retroactive payments.
Further Appeals
- Unfavorable Hearing Decision: Should the hearing not result in a favorable decision, further appeals can be made to the Appeals Council and, if necessary, Federal Court. We handle these appeals on a contingency basis, and under the Equal Access to Justice Act (EAJA), attorney fees may be covered by the administration if the denial is overturned.
With over 40 years of experience in securing disability benefits for our clients, Silver & Silver is equipped to lead you through this process with minimal confusion and delay. While persistence is key, expert preparation is crucial. Contact us early in your claim process to set the best course for obtaining the benefits you deserve.
Located in Ardmore, Pennsylvania, the Disability lawyers at Silver & Silver serve clients throughout the Philadelphia region, including Delaware County, Montgomery County, Chester County, Berks County and Bucks County, as well as Southern New Jersey and Delaware. Call us today at 610-638-7255 or contact us online for more information on how we can help you claim the benefits you deserve.