In a perfect world, applying for Social Security disability would be quick and painless, but we don’t live in a perfect world. Instead, applying for Social Security disability can be confusing, time consuming and most definitely frustrating. To help you understand the process from beginning to end, below is an outline of the five different steps of the disability process. It important to note that most people who apply for Social Security disability do not have to go through each step, but each claimant who’s denied must go up these steps in order. No one can skip steps.
- Initial Application: This is the beginning of the process. Whether you are applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), or both, an initial application is needed. This can be done through an attorney’s assistance or on your own at www.ssa.gov. It may also be done by contacting Social Security at 800-772-1213. Approximate Wait Time: Three to six months.
- Request for Reconsideration: This is the first appeal that needs to be filed if your claim receives a medical denial, which occurs approximately 75 percent of the time. This first appeal also has a high denial rate (approximately 90 percent). Approximate Wait Time: Two to four months.
- Request for ALJ Hearing: If your claim is denied at the Reconsideration level the next step is to request a hearing before an Administrative Law Judge. This will be most claimants’ best opportunity to receive a favorable decision, but the wait time for a hearing is substantial because of a Social Security backlog. Approximate Wait Time: 12 to 15 months.
- Appeals Council: When a claim is denied at a hearing before an ALJ the next step is to ask the Appeals Council to review the ALJ decision. The Appeals Council could deny this request, but if it grants the request to review the Appeals Council will look at whether the judge made the correct decision and considered the appropriate evidence. There are three possibilities if the Appeals Council reviews an ALJ decision, including confirmation of the ALJ decision, overturning the ALJ decision and remanding the case back to be scheduled for a new hearing. Approximate Wait Time: Nine to 12 months.
- Federal Court: The final step of the Social Security disability process, if your Appeals Council request is denied, is to file a civil action against the federal government. If you choose this route there are a couple of important things to know before you decide to take the case to federal court. You will be required to have an attorney at this stage and you are responsible for paying court costs. Approximate Wait Time: Depends on federal court docket, but you should be prepared to wait at least several months.
* Some states do not have a Request for Reconsideration phase. Appeals of initial applications go directly to the Request for ALJ Hearing phase in the following states:Alabama,Alaska,California (North and West Los Angeles),Colorado,Louisiana,Michigan,Missouri,New Hampshire,New York (Brooklyn andAlbany) andPennsylvania.
