The Disability Process

Your Social Security disability claim begins with an application. You can apply by calling Social Security’s toll free number of 1.800.772.1213 and ask to make a disability application. They will take some preliminary information and have a local Social Security Office call you for completion of your application. They will also furnish you with a disability report form and an authorization to release information form for you to complete and return. You must be insured for Disability Insurance Benefits. Your Social Security Office will tell you if you are not insured. If not insured, they will also tell you about Supplemental Security Income which does not require that you be so insured.

The next step in processing your claim is handled by Social Security’s Disability Determination Division. There they request medical records from the doctors, clinics, and hospital that you told them about in the disability report form that you completed. After they obtain your medical records their staff of doctors decides whether or not you are disabled. In so doing, they consider your age, education, skills you learned in prior employments. Your disabling impairments must be such that you are unable to perform any kind of employment on a full-time, 8 hour per day, 5 day per week basis. Disability must also continue for a least one year from any date that they determined that you became disabled. You will receive a letter telling you whether or not you were found to be disabled.

If you are found to not be disabled, the next step in the process is to Request Reconsideration. Such request must be made within 60 days from the date on the letter that stated that you were not disabled. A form for making a Request for Reconsideration can be obtained from your nearest Social Security Office together with a Disability Appeal form that must be completed. Your claim is then processed in the same manner as your earlier Application after considering any new sources of medical treatment that you have furnished to them. Occasionally they will give you an appointment to be examined by a physician of their selection and at their expense. You must keep such appointment or they will deny your claim. They will again make a determination and send you a letter telling you whether or not you were found to be disabled.

If you are found to not be disabled, the next step in the process is to request an administrative hearing before an Administrative Law Judge. Again, such request must be made within 0 days from the date on the letter stating that you were not disabled. A form for making a Request for Hearing and a Disability Appeal form can be obtained from your nearest Social Security Office.

Throughout the processing of your claim you may be furnished various forms to complete and return such as an Activity Report, Work History Report, etc. These forms must be completed and promptly returned or they will deny your claim.

Click here and I will tell you why and how I can help you with your claim for Disability Insurance Benefits and, if you qualify, for Supplemental Security Income benefits.

I have represented clients seeking Social Security Disability Insurance Benefits for 38 years. My experiences have given me insight into what Social Security needs to find you disabled. About 35 percent of all applications are denied and about 15 percent of all requests that they reconsider are approved. Many claims are approved when the reconsideration denial is appealed for Administrative Law Judge hearing and decision. I work to obtain an approval at the earliest possible time that such can be awarded.

As I have now told you, there are many forms in addition to the application that you must complete. Occasionally I will begin representation of a client in assisting the client to make an application for benefits. However, if your application is denied, my representation includes assisting and completing the various forms for appeal of denials and appearing with you to present your claim to the Administrative Law Judge. My experience tells me that Social Security does not obtain from your treating physician all of the information needed to make their opinion that your claim should be denied. I can work with you in obtaining that needed information.

I, as most attorneys, agree to represent a client on what is known as a contingent fee basis. If you are not awarded benefits there is no fee. The fee for such representation has to be approved by Social Security and is limited to 25% of any benefits that they award for any months prior to the month in which the begin your monthly payment. Such prior months are known as past-due benefits. Social Security also limits the fee to $6,000.00 on the past-due benefits.

In you have any questions, call me. I answer the phone if not busy with another call. If you get my voice message, please leave your name and telephone number and I will promptly return your call. You can reach me during usual business hours on my cell telephone here in Oklahoma City – 642.5737. If you care to e-mail me, my e-mail address is jgrennan@swbell.net. Should you care to send me a fax, my toll-free fax number is 1.866.760.8061

Should you not care to have attorney representation, I hope that this Internet page has given you some insight into what takes place in the claim process.