Social Security Disability Application and Appeals Process

Rock Hill, South Carolina Social Security Lawyers

Two Different Types of Benefits

In order to qualify for Social Security Disability Insurance (SSDI), you must have worked for a certain amount of time and paid Social Security taxes during this time. You must also be diagnosed with a mental or physical condition recognized by the Social Security Administration as a disability.

In order to qualify for Supplemental Security Income (SSI), you must either be diagnosed with a mental or physical condition recognized by the Social Security Administration as a disability, 65 years of age or older, or blind. Unlike SSDI benefits, however, SSI benefits are entirely need-based and awarded to low income individuals.

A Complex and Detail-Oriented Process

When filing for Social Security Disability benefits, it's very important to carefully document your condition and work closely with your doctor. It's also very important to remember that most first time applications for Social Security Disability benefits are denied. However, there is a 4 level appeal process which allows applicants to have their evidence and application reconsidered.

The attorneys at the Jordan Law Firm assist and represents clients at all levels of the Social Security Disability benefits process. If you need assistance in finding a medical specialist who can verify your condition, our office can direct you to a number of medical resources.

If you are applying for SSDI or SSI or have already had your application rejected, contact dedicated Social Security Disability benefits attorneys at the Jordan Law Firm today. We can evaluate your case, review your medical documentation, and help you prepare your application or appeal.

The Social Security Disability Appeals Process

The application and appeal process for SSDI or SSI involves the following 5 steps:

1. Your application - Your first step in the Social Security Disability benefits process is filing your initial application for benefits. The Social Security Administration will review your application and determine whether you qualify for disability benefits.
2. First level appeal - If your application is rejected, you have 60 days to file an appeal. At the first level of appeal, you can submit additional medical documentation and evidence regarding your condition.
3. Administrative Hearing - If your first level appeal is rejected, you may request an administrative hearing. At this level of appeal, you are allowed to introduce evidence, your own testimony, and the testimony of your doctor. The administrative law judge (ALJ) will base his or her decision on the documents and evidence put before him, including any new evidence presented. The administrative hearing offers you the best chance of having your application approved if it has been previously denied.
4. The Appeals Council Review - If your appeal is denied at the administrative hearing, you may request a review of your case by the Social Security Administration's Appeal Council. However, new evidence cannot be submitted or considered. The Appeal Council will only consider information and documentation already contained in your file. You can, however, submit a written statement stating why you believe you should receive Social Security Disability benefits. The Appeals Council will review the decision of the ALJ to see if any legal errors were committed.
5. Federal Court Review - If your appeal is rejected by the Appeals Council, you can appeal their decision to the federal district court. A federal district court will review your medical records and the transcript of your administrative law hearing. However, new evidence cannot be submitted and the court will not hear new testimony.

Contact Social Security Disability Benefits Attorneys at Jordan Law

Whether you're applying for Social Security Disability benefits or want to appeal the denial of your application, contact the Jordan Law Firm today. Our attorneys can help you in preparing and presenting all necessary information in the application or appeals process.