A Social Security disability claim involves both the state and federal government. It is one of the slowest processes that one can imagine. Here are some expected time frames based on our experience and numbers released by the Social Security Administration. The steps in the process are shown in order. Approximate approval rates are given at each step. Of course, not every claim has to go through all these steps, since you could be approved at any step.
1. APPLICATION PROCESS. Approval rate 20 to 25 percent. This process can take between 4 and 6 months.
2. "RECONSIDERATION" PROCESS: Approval rate less than 10 percent. This will take between 60 and 90 days in Alabama but may take a year or longer in Tennessee.
3. HEARING LEVEL APPEAL. Approval rate about 45 percent on average, higher with an attorney). This process can take about 6 additional months (after "Reconsideration").
So, an unfortunate claimant who must go through all 3 steps is looking at a year or more to get through the process. And, no, you cannot receive benefits while enduring the application and appeal processes. You may be able to recover past due benefits that accrue during the long process, however.
What's the best way to deal with a disability claim?
Get a local attorney/advocate who understands the system, the rules, the evidence and requirements. Follow this professional's advice. And don't give up. Remember that most claims are denied TWICE before they are paid.
A denial by Social Security doesn't mean that you aren't eligible for benefits; it means that the government is being stubborn and demanding more proof. For all practical purposes, an Administrative Law Judge (ALJ) has the final say (at the hearing level), although other appeals are possible after the hearing.
Need help but don't want to pay upfront legal fees? Call the Forsythe Firm in Huntsville for a FREE consultation. If we represent your case there will never be a fee or out-of-pocket cost to you until you win and recover past due benefits. Get in touch: (256) 799-0297.
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