This short article is simply a summary of the procedure of applying and also the challenges one might run into along the road. Hopefully, one can get some insights before you apply to the procedures and understand what to expect.
The process of getting and obtaining a Social Safety Disability is very long and convoluted; with any luck, this article will certainly shine some light on the important things one can do to help the process and what to expect in the process.
Once you have come to be disabled, do two things instantly, First get in touch with a competent disability or personal injury attorney. Start the application procedure with the local Social Security office. You can easily find the link to take you directly to the Social Security website, where you can discover even more regarding applying online and the requirements for disability. Once you have started the procedure, the SSA will most likely do 2 things. They will first send you documentation to be submitted and authorized to make sure that they might obtain medical records. It would be useful here if you compiled a checklist of every physician, healthcare facility, clinic, etc., you have seen in the past two years.
The more accurate information you can provide, the much better it will be to request the records for testimonials later on in the process. Second of all, they will arrange a phone meeting with you to ask some general questions regarding your work history before you were disabled, your household, and so on. They will have the ability to tell you at this phase roughly just how much disability you can obtain every month if accepted and also if you qualify for Social Protection Supplemental Earnings.
The amount you may get depends on elements such as how many in your family, the years worked, total earnings, etc. The SSA will then send paperwork to be finished that outlines your impairment and how it influences your everyday life. They ask countless inquiries regarding your ability to work, mobility, day-to-day living, individual treatment, etc. Answer them in as much detail as possible because this is among the main records that the supervisors will evaluate when determining your case. So the more that you can inform them about just how it affects your life, the better. Your lawyer can direct you to complete all the documents.
When all the paperwork is finished, it will certainly be sent, in many states, to the state disability determination bureau. The SAA has agreements with most states to ensure that the state supervisors assess the SSA application process’s initial step. For the closest office check, this
This part can take as much as 6 – 9 months. There is truly nothing you can do at this stage other than gather any new medical documents you may have and maintain contact with your attorney as he/she may suggest you make normal visits to your physician so that current documentation of your handicap will certainly be available for the 2nd phase of the process.
One thing that needs to be explained a little further here. Over 85% of all special needs candidates stop working at this phase, so do not get discouraged when you are not approved. It would certainly be much better going into this phase, anticipating not to be approved the first time. The SSA does this to weed out those that really do not qualify for special needs or even need it. The SSA’s concept is that if the applicant is really disabled, they will certainly be relentless and see the process to the very end no matter what.
The second phase of the process is when a good disability lawyer will greatly value you.
This phase is called the reconsideration phase. Your attorney will file the appeal with the SSA requesting a reconsideration of your case based on specific information. This is where the brand-new clinical paperwork can be sent to aid your situation. This phase usually requires at least 3 months for reconsideration.
The sad fact is you are equally as likely to get refused at this phase as you were at the first stage. Once you have actually obtained the reconsideration rejection from the SSA, speak with your attorney concerning the third phase of the procedure, the Management Hearing.
This process is by far the longest of the 3. However, the bright side is that greater than 85% of the cases finally get approved at this point in the process, so hang in there!
Your lawyer will certainly submit the paperwork with the SSA asking for a Management Hearing before the Administrative Legislation Court. Once the SSA gets your request, it can be anywhere from 9 months to a year before getting the real hearing. This depends upon which state you stay in and the number of Administrative Regulation Juries hears the situations. It varies from one state to the next; for example, in one state, they have 3 judges that listen to all the cases for that state and a few of the surrounding states, so it can take lots of months to reach the actual hearing. Once the hearing is scheduled, the SSA will be sending you and your attorney a notice of hearing 20 days before the hearing’s date. Your lawyer will then consult with you on just how the hearing’s job, what concerns the courts may ask, what inquiries he/she may ask you.
The hearing can be a terrifying thing, but your attorney will certainly lead you and the judges to understand your situation, address all concerns as best and truthfully as you can.
As soon as you’ve actually been approved, the administrative judge can provide a ruling for prompt payments. You will then get a round figure retroactive payment from the SSA covering from the 6th month after you initially applied to the current month. The SSA has a 6-month wait before disability disbursements starting even in the cases that get approved in the first stage.
After the round figure settlement, you will begin to get monthly checks.
As you can see, the procedure for obtaining SSA special needs is, without a doubt, lengthy and also laborious, yet having a great lawyer as well as being prepared for each stage can go along way to calm your fears and make the entire procedure a little easier.