SOCIAL SECURITY DISABILITY PROCESS

Trying to get Social Security disability (SSDI) is truly a process.

I say that because, for most people, it's not a simple one-step endeavor.

You begin with filing an application. Then, you will be sent a large brown envelope full of more forms. These are completed are returned. By now, you're already tired and a little sick of Social Security forms.

You will be called and a short interview will take place on the phone. Then, the examination of your application will begin. Medical records will be ordered and analyzed. An expert will go over your past work. You may even be sent to a Social Security doctor for a physical or mental examination.

After 5 or 6 months, you will receive a letter giving a decision about your claim. Sadly, upwards of 80 percent of these letters will be a denial. The letter will say, "You are not eligible for disability benefits. This is because you are not disabled according to our rules." You may be eligible but Social Security rarely admits on your first attempt.

Next you file papers requesting a "Reconsideration." (You must do this within 60 days). If you have new medical evidence since your original application, be sure to add it on the appeal papers. In Alabama, "Reconsideration" takes 60 to 90 days. (In Tennessee it takes almost forever; sorry Tennesseans)! What are your odds at this stage? Very poor. Around 90 percent of claims are denied again at "Reconsideration." This is because the same state agency that denied the claim at first will review their findings and refuse to change them.

Next, you file an appeal and ask for a hearing before an Administrative Law Judge (ALJ). Your odds actually approve here. According to national statistics, judges approve about 42 percent of cases that appear before them. If you are represented by a good attorney or advocate, that number increases quite a bit. The key here is that your hearing is prepared well, all the medical information is obtained, and you get supporting opinions from your doctors (if possible).

From the time you request a hearing, you will appear before the judge in about 6 months. That 6 months must be used in preparation and evidence gathering. It is my opinion that hearings are won or lost before the judge ever steps into the room. That is, hearings are won or lost by the preparation that goes on before Hearing Day.

So, be prepared for a process--which can take up to about 12 months. The worst thing to do is give up when you get that first denial letter. This prunes your chances down too low. Don't consider quitting until after the Hearing. Even then, you should talk to your lawyer about the potential for further appeals.