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You’ve filed. Now what?

August 23, 2011

What to expect when you file a Social Security Disability claim

Filing a Social Security Disability claim can be an overwhelming, often stressful experience.  It may be comforting to know that your lawyer can help you at any stage of the process, even before you apply.  The lawyers at Silver & Archibald have the experience and knowledge to lead clients through the process and offer assurance that you are in good hands.

There are typically three stages to a Social Security Disability claim.  Initially, you will be asked to provide a complete medical history and work history.  The Social Security Administration will then gather your medical records and have them reviewed by one of their doctors to determine whether your medical conditions (physical and mental) are sufficient for you to be found disabled.  Your age, education, and any work skills you may have acquired will also be considered.  If you are denied, and a large number of applicants are, you will receive notice of that denial by mail.  You have 60 days from that date to file an appeal.

The first appeal is known as “Reconsideration.”  At this stage you will be asked to update your medical history with any new doctor visits, hospitalizations, or new conditions.  Again, one of the Social Security Administration’s doctors will review your medical information and make a decision on your limitations.  If denied, you will be given 60 days to file a “Request for Hearing.”

A hearing will be your first opportunity to meet face-to-face with the person who decides your case.  The judge will listen to your testimony, and possibly the testimony of Vocational and Medical Experts, and make a decision.  The decision is not usually announced at the hearing, but is sent to you in writing.

Having an experienced Social Security Disability attorney can help you through this process.  Your attorney can:

• make sure that your doctor is asked the proper questions to help determine your limitations;
• prepare you for the questions you will be asked during the hearing;
• make sure that the judge has all the information available regarding your medical conditions;
• request that the judge send you for physical or mental examinations at the government’s expense;
• properly cross-examine the Vocational and/or Medical Expert.

Talk to an experienced attorney at Silver & Archibald today and get the experience, knowledge, and peace of mind you need.