The process for pursuing disability benefits begins with your Initial Application. This application can be filed in person at a local Social Security office, online, or (if represented by a disability advocate like myself) over the phone. You will be asked to provide detailed information about your medical conditions, the types of treatment you’ve received, the doctors you’ve seen, and your work history.
Once your initial application has been filed and Social Security has confirmed that you meet certain basic technical requirements for receiving disability , your case will be transferred to an adjudicator at Disability Determination Services (DDS) for further evaluation. DDS is a state agency that will work to gather your existing medical records and any supplemental information they feel is needed to decide whether you meet the requirements for disability. They will generally ask you to complete additional questionnaires which ask you to describe in greater detail your daily life and any work you perform(ed). Sometimes, DDS decides that they need a consultative evaluation by an independent doctor of their designation before they can make an informed decision. Failure to attend these exams or submit completed questionnaires will almost certainly result in the rejection of your claim.
DDS will review all the evidence they receive and will either grant your benefits or issue a notice of denial. If denied, you will have a two-month deadline to file an appeal on your denial. Once received, your case will be transferred to a federal agency, the Office of Disability Adjudication an Review (ODAR) and placed in a queue for a hearing with an actual judge. Due to the current volume of cases waiting to be heard, there is currently a significant delay between appealing the initial denial and finally getting a hearing before the judge. If you’re represented, your attorney should now be compiling medical records of any treatment you’ve received since the initial denial, writing briefs to the judge to explain why you qualify for benefits, and helping you prepare to testify at your hearing.
The judge may approve all or part of your claim or deny it entirely. (In which case there are options for further appeals). If your case is approved, whether initially by the state DDS or later by a judge at ODAR, there will be a short wait before you will receive your actual benefits. This will typically consist of an ongoing monthly benefit along with a lump sum representing the retroactive benefits for any previous months in which you were found to have qualified for benefits.
For more information on the process of pursuing disability benefits, please contact me.