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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