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HELP for EVERY STEP

 

There are many steps or stages of a Social Security disability claim. And there are several agencies involved in processing and deciding your claim. You will encounter the Social Security Administration (SSA), a federal agency, and also the Disability Determination Service (DDS), a state agency. Later, you will probably encounter an administrative law judge (ALJ) from the Office of Hearings Operations (OHO), which is the appeals branch.

The first step is with your local Social Security office, called a field office. You will either file an application by telephone or complete the application online. This office is responsible for assembly of a folder that contains all of your forms, signatures, releases and history. Once this is complete, you will be forwarded to a state agency.

The next step is at the Disability Determination Service (DDS). This is a state agency which works under contract with Social Security to process disability claims. The DDS will order and evaluate your medical records. They will also review your past relevant work, education and training. They might order a consultative physical or psychological examination by one of their doctors under contract. Finally, the DDS will make the initial decision whether or not you are disabled under Social Security's rules. About 75 percent of their decisions are denials--for any number of reasons--but primarily because their standards for disability are so strict. An appeal is necessary.

The next step is to seek "Reconsideration." This is the first appeal. Your claim will go back to the Disability Determination Service (DDS) to be looked at again. A different "disability specialist" will review the denial of benefits to make sure the decision was "correct." There isn't much hope of a victory here, for DDS will deny up to 98 percent of appeals at this stage.

The next step in the appeal process is to ask for a hearing before an administrative law judge (ALJ). Your claim now moves to the Office of Hearings Operations or OHO to get a hearing scheduled. The time to get a hearing varies a great deal. A year ago it was taking about 12 months to get a hearing scheduled. Today, a hearing might be scheduled sooner. Hearings are complicated legal procedures and a lot of effort must go into preparing for them. If a claimant just casually drifts into a hearing unprepared and unrepresented, there is very little chance of approval.

An experienced attorney or well qualified advocate can help you at each step of the journey. Some will help you file the initial application to make sure all the questions are answered properly and all the forms are completed. In my office, it takes almost a full 8-hour day to prepare and file an application. This includes a meeting with the client to gather all the information we need. If denied, we will file the Reconsideration (Recon) appeal. If that isn't successful, we will prepare for the hearing before an ALJ and will prepare for the hearing. We will attend the hearing with you as your representative, speaking to the judge on your behalf and answer questions that you may not understand. We will also cross examine the government's vocational witness, trying to be sure his or her testimony doesn't damage your case.

Some cases are decided relatively quickly (within a few months), but many that go through the appeals process can take a year or longer. Cases move from agency to agency and require an increasing amount of time, skill and dedication.

Look for a Social Security disability advocate/attorney who can HELP AT EVERY STEP. Remember, fees are on a contingency basis: you don't pay any fee unless you win.

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