The Appeals Process

There are basically three main stages of a claim for Social Security disability. The initial application, the Request for Reconsideration and the Request for a Hearing in front of an Administrative Law Judge.

The Initial Application. This is your initial application for benefits. You may be applying for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), Widows' Benefits or some combination. The local Social Security Administration Office will review your claim, and determine your eligibility to receive social security benefits. This initial process takes about 3 to 5 months. It is not unusual to be denied at this stage. This is called your "first denial." You only have sixty days (60) days, from the date of your "first denial," to file your request for reconsideration. Should you miss any of the sixty day (60) deadlines, you will probably need to start the whole application process again, and possibly lose valuable benefits.

The Request for Reconsideration. Not to be confused with the "request for a hearing." This is a request for reconsideration of the initial denial. At this stage, your file will be sent to a regional Social Security Office and to the Disability Determination Services (DDS), to determine your eligibility to receive benefits. This stage takes about another 3 to 4 months.

Unfortunately most people are, again, denied their benefits at this stage. We understand that to be turned down is disheartening. Please remember that you made this application because you were unable to work. If you stop your claim at this stage, you will still be unable to work.

With your second denial notice-letter, you will receive important information regarding your right to appeal this second denial. If you want to appeal, you have sixty days (60) from the date of the second denial to "request a hearing in front of an administrative law judge."

The Request for a Hearing. At this third stage, you will have a hearing at which you will appear to testify. Although you have an absolute right to represent yourself, the probability of you winning your benefits is greatly enhanced with adequate representation. Social Security will be well represented and this includes, generally, at least one expert that will testify at your hearing. It usually takes up to 12 months after they receive your request before a hearing is set.

Under normal circumstances, you will not need an attorney at the initial application stage. However, if you are denied, you should immediately contact our office for assistance.