The Social Security Disability Application Process
If you become disabled and your condition is expected to last for at least one year (or end in death), consider applying for Social Security Disability benefits. The sooner you start the SSD application process, the less time you will have to wait for your benefits. The process can take a long time and require intensive documentation. It may be necessary to appeal a negative decision. The help of an attorney from Hiller Comerford Injury & Disability Law can guide you through the complex and demanding process.
When to File
To qualify for benefits, a person must be disabled for a minimum of 12 consecutive months. Thus, it may not be a good idea for a person to file an application for benefits as soon as he or she becomes unable to work. If a person files long before the end of the 12-month period, it may be difficult to prove that the disability will last for at least one full year. The initial decision can take a number of months. If your claim is denied — which happens in a large majority of cases — the time it takes to appeal can last a year, two years or longer, depending on where you live. It is often wise to start early.
Where to File
To apply for Social Security Disability benefits, you need to complete an application and an Adult Disability Report (or a Child Disability Report, if you are applying on behalf of your child). You may fill out the application and report on the Social Security Administration’s Web site, on the telephone or in-person at a Social Security office.
Information You Will Need
The Social Security Disability application and report will ask for your work history and your medical history. Your medical history includes the doctors you have visited for your disability, the medications you have taken and the medical records that are in your possession. You will need to sign a release so that Social Security may speak with your doctors and review your medical history.
Consult an Attorney
The application process for Social Security Disability benefits may seem intimidating. The more information you have and the earlier you begin, however, the sooner you may qualify for benefits. An attorney from Hiller Comerford Injury & Disability Law can answer your Social Security Disability benefits questions and help you through the qualification process.
If you have an appointment with Social Security but you do not have all the information you think you will need, Social Security advises that you keep the appointment anyway. The employees will assist you in gathering the rest of the information.
You may be required to undergo a medical examination at no cost to you. It is important to attend this appointment in order to keep the process moving along and provide Social Security with the information it needs.
Representing Clients Throughout the Entire SSD & SSI Process
If you are applying for Social Security disability (SSD) or SSI benefits, it is important to know what needs to be done at each stage to protect your rights. At Hiller Comerford Injury & Disability Law, PLLC, we carefully and attentively guide our clients through the entire process.
Taking Every Opportunity to Get You the Benefits You Deserve
There are several stages in the Social Security Administration (SSA) disability claim process. At each stage, your benefits can be approved or denied. If your claim is denied, you have 60 days to file an appeal. The stages are:
- Application: Your application is your first opportunity to obtain SSD or SSI benefits. The SSA takes an average of five months to decide on benefits applications. About two-thirds of applications are initially denied, but hiring an attorney who will Work With Your Doctor and help you with your application can increase your chances.
- Hearing: If your application is denied, you can request a hearing before an administrative law judge within the SSA. It takes an average of a year and half to get a hearing, but this can be expedited in certain situations. Many claims that are initially denied are eventually approved at the hearing stage.
- Appeals Council review: The Appeals Council is the final decision-maker within the SSA. If your claim is still denied after your hearing, we can request an Appeals Council review. The Appeals Council can affirm the hearing decision, order a new hearing, or reverse the decision.
Federal court appeal: If the Appeals Council denies your claim, you have the opportunity to bring a lawsuit against the agency in federal district court, arguing that its decision is not supported by the evidence. We are not afraid to appeal a case to federal court. In fact, we file more district court appeals than any other Western New York law firm, and often appeal cases that other lawyers reject.
Recent Review
“I am a Marine Corp veteran who turned to the Law Offices of Kenneth Hiller for help and assistance with filing a disability claim. Even though I am a college graduate I still couldn’t fully understand the process. The attorneys who represented me treated me with kindness and patience. They helped me understand the process and the results were very favorable.” – Jason Watson