Social Security Disability Claims Process
If you believe that you qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, you will need to file a claim with the Social Security Administration. Attorney Simbol will, however, personally meet with you prior to application so that she can assist you with the process.
Call us now at 812-238-2109 or 888-812-8999 to schedule a personal appointment with Attorney Nellie Simbol. You may also contact us through this website by clicking on the Contact Us icon. Attorney Simbol will personally call you to discuss your case and schedule an appointment if appropriate.
- Initial Claim:
The claimant must submit an application for the program(s) you qualify for with the SSA after you personally meet with Attorney Simbol to discuss what information is necessary for you to provide.
- Your claim will be reviewed by the Disability Determination Bureau (DDB). It normally takes an average of 3-5 months to receive a decision. It is very beneficial to have an attorney representative to be on board before you file, because there are questionnaires that are usually sent for you to complete, and the wording of your answers can negatively affect your case - even at the hearing level! If your application is approved, congratulations! However, if you receive a “Notice of Disapproved Claim”, don’t be discouraged, because only 25% of applications are approved at the initial level. If you have been denied, the appeals process will begin, and if you have retained Attorney Simbol, that will be done for you.
- Request for Reconsideration Process:
You have 60 days from the date of your denial letter to file your “Request for Reconsideration”, which is the first appeal in the process. If you desire legal representation, please feel free to call our office if we are not already representing you. We recommend that if you did not have a representative from the beginning, it is very beneficial to have one now. Even though it is not difficult to file the Reconsideration, it must be filed online, and the wording of your appeal and any subsequent forms is very important.
The reconsideration decision typically takes approximately 90 days from when you filed the request. The DDB will update your medical records, and the same state agency that reviewed your case at the initial level will review your updated case, so it is not unusual to be denied a second time. If you have been denied, you will have 60 days to file the Request for Hearing by Administrative Law Judge. The majority of people who win their disability claims have won it at the hearing level, so do not be discouraged!
- Request for Hearing by Administrative Law Judge:
As stated above, you have 60 days from the date of your denial letter to file your “Request for Hearing by Administrative Law Judge.” If you have not retained an attorney by now, it is imperative that you do so. Though the DDB obtained all of your medical records at the two previous levels, they will not update them at the hearing level. It is currently taking approximately one (1) year from the date this request is filed to obtain a hearing date, which means there will be one year of medical records that must be obtained, labeled as exhibits, and submitted electronically. You will also have to present your disability case, as well as answer the judge’s questions, at the hearing. Some judges will continue your hearing if you do not appear with an attorney, because the hearing contains issues that a claimant has never dealt with before. This continuance can cause a several-month delay in the process.
If you do not file the appeal within 60 days from your denial date, you will have to begin the entire process over again. This is another reason to retain Attorney Simbol! Our office is used to deadlines!
- Finding a Social Security Disability Attorney and Preparing for a Hearing:
Your hearing will be held at your local Social Security Administration office. You should be advised that the laws and regulations that govern the SSDI and SSI are quite complex. Attorney Simbol and her staff will help you at each level and in preparing you for your hearing. We will also gather both past and current medical records to submit as evidence in court. Many times a vocational expert or medical expert will be called by the Judge to give his/her opinion as to your disabling condition. That person will review all of the medical records submitted into evidence. Attorney Simbol will have the opportunity to cross examine these experts and will also present arguments to the Judge. The simple fact is that people who are represented by attorneys are approved at a much higher rate than claimants who handle their hearing alone.
- At the Law Office of Simbol Law, PC , which limits its practice to Social Security Disability, we have the experience and success needed to assist you in gaining your Social Security Disability benefits.
Call us now at 812-238-2109 or 888-812-8999 to schedule a personal appointment with Attorney Nellie Simbol. You may also contact us through this website by clicking on the Contact Us icon. Attorney Simbol will personally call you to discuss your case and schedule an appointment if appropriate.