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If you have a medical condition that has caused you to become disabled, you should file for Social Security Disability benefits. An application for Social Security benefits can be submitted online through the Social Security Administration website, you can even in person to the local Social Security information office. You are going to be asked questions about your age, education and type of your prior employment.
At the initial application stage, the Social Security Disability claim’s processor is going to determine what job you can perform based on your current functional abilities and the skills that you learned at your jobs.
70% of applications are denied at the first level.
The second stage in the life of Social Security cases is an appeal for reconsideration. That’s got to be filed immediately within 60 days for the process to continue or you will have to start all over again.
The local Social Security Disability examiner will start “building a file” on your application and will write a letter to the doctors listed on your application asking for the medical records.
It’s great to have a Social Security Disability attorney at this stage because the Social Security Disability attorney can supplement your file with any information related to your claim including, medical records, residual functional capacity forms completed by your doctor that accurately outline your restrictions and limitations and statements from you and your family.
You may also be scheduled for a mandatory appointment with a Social Security physician. If that happens, you should be prepared and we suggest, at Cavey and Barrett, that you contact Sharon Barrett to learn what will happen at the Social Security doctor’s appointment.
Approximately 70% of the applicants are denied at this stage and at this point 6-9 months may have passed from the time of your initial application.
If your Social Security Disability application has been denied at the request for reconsideration stage, you should hire a Social Security Disability attorney because with representation your odds of winning your application greatly improve.
An Administrative Law Judge will hear your case and, each judge is different.
At Cavey and Barrett, we gather your medical records, get your physicians to render reports about your functionality and prepare you for a hearing. We even submit a brief to supplement your file, setting forth all the reasons why you should be awarded Social Security Disability benefits. This is called a “decision on the record”.
If the judge agrees, you can be awarded benefits without having to go to a hearing. Other times, the Administrative Law Judge wants to have a hearing. You, a vocational expert and sometimes a Social Security doctor may be called as a witness.
It’s crucial that you have representation at this stage because, the Administrative Law Judge is going to be asking vocational experts to identify jobs that you may be qualified to do within your geographic area. If the vocational expert identifies jobs that you can do, then your claim is going to be denied! The vocational expert doesn’t have to show that the jobs are available for you to apply for or even fill. The job just has to exist.
It’s crucial that you have a Social Security Disability attorney who is experienced in asking the right questions of the vocational experts so that you can win your Social Security Disability claim.
If your claim is denied, your Social Security Disability claim still has a life of it’s own. You can take an appeal to the Appeals Council in Falls Church, Virginia. Did you know that it takes over two years for the file to be reviewed and they can only review for errors of law. If your claim is denied again, the next step is federal court.
Obviously it’s crucial that you have representation as early as possible in your Social Security Disability claim so that you can win your Social Security Disability claim as quickly as possible.
Want to Learn More About The Social Security Disability Stages?
To learn more about the Social Security Disability claims process and your rights to Social Security Disability contact Cavey and Barrett today at 727-477-3263. Cavey and Barrett can help you cut through the red tape and fight for your Social Security Disability benefits no matter where you live in the Tampa Bay area.