SSD Services

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The Claims Process

Application: For either Social Security or SSI, an application for disability benefits may be filed at the local district Social Security Office. Our office can assist you in filing a disability application in the appropriate cases, particularly if you have been disabled for at least 12 months with documented significant disability.

Denial: You should not become discouraged if your claim is denied. Approximately 80-90% of the applications are denied. Many clients contact our office after receiving a denial. Our office can discuss the circumstances of the denial with you and give you an assessment of your changes of winning your case. You have sixty days from the date of the denial to seek reconsideration. Therefore, if you plan on challenging a denial, you should seek legal assistance as soon as possible.

Reconsideration: After the denial, the next step in the claims process is the "Request for Reconsideration" from Social Security. After approximately two to three months, a decision will be reached on the Reconsideration request. Approximately 90% of reconsideration requests are denied.

Social Security will either grant benefits or deny the claim. If the case is denied, a request for a hearing before an Administrative Law Judge must be filed with the local Social Security office within 60 days of the denial letter.

Request for Hearing: At this stage in the process, it is critical to have competent legal representation to give you the best chance of winning the appeal.

Preparing for the Appeal: An important service of this office is to make sure that you have the right kind of medical and other evidence to give a true picture of your disability. If appropriate, we may refer you to specialists to examine you and may request reports from them. These doctors will give an honest appraisal of your disability. (of course, we do not guarantee that they will find you disabled). You will have to arrange payment to cover the costs of these other specialists.

If you are receiving Medi-Cal, we will attempt to obtain a comprehensive report from your own doctor. Most doctors charge for preparing a report. If that is the case, we will discuss the fee with you before obtaining the report or referring you.

We will write to or call the doctors who have examined you by phone, including your own treating doctor, to explain the Social Security regulations. Often times, doctors feel they are writing the kind of report which you need, but they may not understand what Social Security requires. It will be much more helpful to you if the doctor writes his report with the regulations in mind.

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