The Social Security Disability Claims
Process
A claim may be filed through your local Social Security
office, on line via the Internet or by telephone. The
applicable address and phone number for the Social Security
District Offices is located in the government section of your local
telephone book. We can assist in the completion of much of the
paperwork. Completion of the "Disability Report" at this early
stage is especially crucial to proper development of the issues in
a disability case.
What happens after your Social Security claim is filed?
1. The Social Security Administration will send your case to a
State Disability Determination Agency to gather additional
information and to make an initial determination on your claim. In
Illinois, the agency is located in Springfield.
2. The case is assigned to an adjudicator. The adjudicator may
arrange to have you seen by an independent medical examiner. She
may send you forms to complete which describe your activities and
problems. She should obtain records and ask your doctor for a
report.
3. If the claim is denied, a Request for Reconsideration may be
filed. The Reconsideration is sent back to the same State Agency,
but given to a different Adjudicator. If the Reconsideration is
denied, a Request for Hearing before an Administrative Law Judge
may then be filed.
The Administrative Law Judge Hearing
The Administrative Law Judge is independent from all other
persons at the Social Security Administration who have considered
your case to that point. In some cases, the ALJ may respond to
written argument by the representative and approve the claim
without a hearing. If a hearing is necessary, it will be conducted
at a local hearing office. You and your attorney will be present.
Sometimes a vocational expert or medical advisor is called by the
ALJ as well to help development of the medical and vocational
aspects of your case. You and your attorney have the opportunity to
cross examine the witnesses and to present arguments to the
Judge.
If the Administrative Law Judge denies the claim, in most
States, a further review may be taken to the Appeals Council.
If the Appeals Council denies your Request for Review, the case may
be appealed to the United States court system.
Appeal Deadlines
At all levels of the Social Security claim, the deadline for
submitting an appeal is 60 days from the date the notice has been
received. The Social Security Administration will assume that
the notice was received within five days from the date appearing on
the notice. An appeal may be accepted after 65 days from the denial
date only if good cause is demonstrated.
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