Stages of the Process

There are several stages to the Social Security disability process, and anyone filing for any program should be aware of each phase.

The first stage is the initial application and filing. During this phase, Social Security will gather information through questionnaires and a verbal interview over the phone or in their office. They may send people to third-party doctors, gather records, and then ultimately make their first decision. As discussed earlier, the initial applications are denied much more often than approved, even in well supported cases. Once someone is denied, it is highly encouraged that they appeal. The first appeal (the second phase in the overall process), unfortunately tends to have a higher denial rate than the application phase.

The first appeal is called reconsideration. Reconsideration can be thought of the same way one might think of asking for a second opinion from a doctor. Social Security will assign a new decision-maker, called a reviewer, who will go through the same procedure as the reviewer assigned to the first phase. Because the processes same and the decision is made by someone trained under the same policies and procedures, the decisions here are very often the same.

The third phase of the process is often where people have the most luck. At this phase clients are able to be heard in front of an administrative law judge. Here they can have an attorney or representative present their case face-to-face with the judge. The approval rates at this phase are much more optimistic than any of the earlier phases.

However, when a judge makes the wrong decision it is by no means final. After being denied by an administrative law judge, individuals can appeal to the Appeals Council. The Appeals Council is a panel of three judges that reviews the legal basis of the administrative law judge’s written decision and decides whether the first judge followed the legal rules and procedures prescribed by Social Security Administration. Even if the Appeals Council fails to recognize the errors made by an administrative law judge, claimants may appeal to federal court. Unfortunately, if one has to go through this entire process, it can take many years, which many disabled individuals cannot afford, since working during the wait will ruin their case.