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Social Security > How
Do I Apply?
How Do I Apply for Social Security Benefits?
You can apply for Social Security disability benefits at
any Social Security office. You also can apply by
telephone by calling 1-800-772-1213. When applying, be
prepared to give the Social Security agent the names,
addresses and telephone numbers of all the doctors,
hospitals or clinics where you have received treatment
for your condition. You also will need a list of all
prescription medications you are currently taking or
have taken for your condition and the names of the
doctors prescribing these drugs. In addition, you will
need to give the names and addresses of all previous
employers for the past 15 years.
Do not delay in
filing your claim if some or all of this information is
not immediately available. You can always contact Social
Security once your claim has been filed with any
necessary updates. The important thing is to file your
claim as soon as you become disabled or unable to work.
It is best to start your application as soon as
possible! By delaying your application, you may be
foregoing your right to some benefits. If you have any
questions regarding the application process please call
Mark Nesbit at Nesbit Law Firm (614) 586-1310
/1-800-876-9057 or email me at
Mark@Nesbitlawfirm.com
Initial
Determination
After filing your application
with Social Security, your claim will be evaluated by a
state agency hired by Social Security. The state agency
examiners will order copies of your medical records and
sometimes send you to a doctor for an examination at
their expense. An initial decision is then made by the
state agency based on Social Security guidelines. In our
experience, about three quarters of all application is
denied at this initial level. If the claimant wishes to
appeal this decision, he or she has only 60 days to
notify the Social Security office that they wish to
appeal.
Reconsideration
If denied
at the initial level, you can request that your claim be
reviewed. This is the first step in appealing your case
and is called Reconsideration. The state agency that
made your initial determination will re-evaluate your
case and update the medical evidence in your file. In
our experience, approximately 90 percent of all claims
that are evaluated at this stage are denied. Following
this second denial, a claimant has 60 days to request a
hearing before an administrative law judge.
Hearing
The administrative hearing is the
claimants best chance to get a fair decision. At the
hearing, the claimant is allowed to introduce new
evidence in support of his or her claim, raise
objections to evidence contained in the file, offer
testimony, make legal arguments and cross-examine expert
witnesses. It is for these reasons that an attorney is
very important at this step of the process.
Due
to administrative delays and case backlogs, it can take
about 16 to 24 months from the date you request a
hearing before your case is actually heard. It is
important that you keep seeing your doctors during this
period. Likewise, it is important that you keep in
contact with your attorney and apprise him or her of any
changes in your medical condition. In the months leading
up to your hearing, you should continue sending updated
medical records to Social Security with instructions
that it be included in your file. If you have retained
an attorney, it is important that you stay in contact
with him or her and report any changes in your medical
condition or any medical treatment you received.
Your hearing will last approximately 45-60 minutes. It
is an informal proceeding, and generally, the only
people in the hearing room will be the administrative
law judge, the judge's clerk, you, your attorney, a
medical expert and a vocational expert. The hearing
begins with the judge swearing you in and explaining the
process to you in general terms. (If you are represented
at the hearing, the judge may allow your attorney to
make a brief opening argument.) The judge may spend
10-20 minutes asking you about your impairments, what
you typically do on an average day, why you cant work,
and the types of things you do around the house. The
judge then will ask the medical expert and vocational
expert whether they have any questions for you. The
judge then will proceed to elicit testimony from these
expert witnesses. Most of the experts testimony will not
be based on what you have stated in your testimony, but
rather on the evidence contained in your file. After the
judge has questioned the experts, he or she will allow
you (or your attorney, if you have one) to cross-examine
the experts. The judge may then allow you (or your
attorney) to offer any closing arguments.
About
two to four months after the hearing, the judge will
mail you a copy of his or her decision. Approximately
55% of all claims that are brought to a hearing are
approved. Statistics show that people who are
represented by an attorney have been much more
successful in attaining benefits than people who chose
to represent themselves.
If you are denied at the
hearing level there is another appeal available, through
Social Securitys Appeals Council. If you are denied at
the hearing level and wish to appeal your case to the
Appeals Council, you have 60 days from the date you
received the administrative law judges decision to
file.
Appeals Council Review
The
Appeals Council will review the administrative law
judges decision and the evidence in your file. The
Appeals Council does not hold a new hearing but rather
reviews the evidence to ensure that the administrative
law judge did not make an error in applying the
regulations to the facts in your case. You can submit
written arguments to the Appeals Council stating why the
administrative law judges decision was in error. After
the Appeals Council reviews your case, it will notify
you of its decision. The Appeals Council may uphold the
administrative law judge's decision, reverse the
administrative law judges decision and find that you
are disabled, or send your case back to the
administrative law judge for a new hearing.
Approximately 80% of all claims brought to the Appeals
Council are denied.
Due to administrative delays,
it can take from 18 to 36 months for your claim to be
reviewed by the Appeals Council. If you receive an
unfavorable decision from the Appeals Council, you can
request that the Federal Court review your case.
Federal Court Review
Within 60 days after
receiving a denial from the Appeals Council, a formal
lawsuit can be filed with the United States District
Court, seeking review of Social Securitys final
decision. Although you are permitted to represent
yourself at this level, the technical and legal
requirements of filing a District Court claim may call
for the expertise of a trained attorney.
Contact me, Mark M. Nesbit, to learn how I can help you
obtain the benefits you deserve.
Free Initial Consultation / (614) 586-1310; Toll Free
(800) 876-9057
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