Bolves & Associates, P.A.
Attorneys and Counselors At Law
Practice Limited To Social Security Disability
The Application Process
The process in obtaining Social Security Disability benefits often takes a couple of years from the start of the application process to a final determination. It can be very complicated, confusing and frustrating for the claimant. It requires much patience and perseverance - and the assistance of a qualified expert who knows how the system works, and makes sure they are treated fairly. Many claimants are denied at least once or twice, and are the most successful at the hearing level. Statistics show that claimants who retain an attorney are more than twice as likely to be approved for benefits, than those who go without representation. Appeals must be made within 60 days of denial at each level, or unfortunately, the claimant will have to start the process over from the beginning.
We
have outlined below the current Orlando timetable for the first three levels of
the process, with a short description following.
Some areas take much longer.
Initial Application & Determination
approximately 4 to 6 months
Reconsideration & Determination
approximately 4 to 6 months
Administrative Law Judge (ALJ) Hearing
approximately 12 to 18 months
Initial
Application & Determination -
The claimant completes and submits application for benefits.
Medical records are gathered from all reported sources and claimants are
usually sent for one or more medical examinations.
A
Social Security field office employee makes a decision on nonmedical factors
such as insured status, substantial gainful activity, income, and resources. If
the nonmedical factors are met, a state Disability Determination Services
employee makes the decision on the medical factors.
Reconsideration
& Determination
- An
independent re-examination of all evidence on record related to a case. It is
based on the evidence submitted for the initial determination plus any further
evidence and information that the claimant or his or her representative may
submit in connection with the reconsideration. Different employees than the ones
who made the initial determination make a reconsideration determination.
Administrative
Law Judge (ALJ) Hearing
- This
is the first time that a claimant has to plead his or her case in front of an official
of the Social Security Administration's (SSA's) Office of Hearings and Appeals.
The ALJ conducts impartial hearings and issues independent decisions regarding
eligibility for SSA programs based on all evidence and testimony.
In many cases, a vocational expert is also present.
Of course, we will prepare our clients and witnesses for their testimony,
and be present at the hearing.