Self Help for First Time Social Security Disability Applicants

SOCIAL SECURITY DISABILITY SELF HELP FOR FIRST-TIME APPLICANTS

A LIGHT AT THE END OF THE TUNNEL

Applying for and receiving Social Security Disability Benefits is a multi-step process. Here at David Gantt Law Office, we handle Social Security Disability cases from the point of first denial. Essentially we are appellate lawyers. We help Social Security Disability applicants who have been denied benefits to seek reconsideration and have their matter heard by a judge. Though rare, some disability applicants are approved at their first application. This page is meant to be a roadmap of how the system works through the point of your first denial, and what you can expect from there.

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In the vast majority of cases, acquiring Social Security Disability benefits is a three-part process, with each part having multiple steps. Essentially the three parts are application, followed by a first and then second appeal. Those three steps are more completely described below in "The Claim Process" Section of this page.

Social Security Disability is a national disability insurance funded by your tax payments.

Supplemental Security Income is a national insurance that is based on income. You may qualify for SSI while you are applying for disability.

FREE ONLINE DISABILITY BENEFIT EVALUATION

Preparing to File Your Claim

Preparation and organization are key factors in helping applicants maintain focus. We suggest creating a reference folder that includes things the Social Security interviewer will want to know, and things that will need to be included in the forms you must complete. Having the following information handy will be beneficial to you while applying for Social Security Benefits.

Creating A Reference Folder. While your Social Security interviewer will provide you a list, you will want to have the following items on hand, both for the initial telephone conversation and personal interview, if required. You should put these items together before starting your initial application and to maintain copies of this information in a file with your Social Security Disability correspondence. You will be asked for this same information several different times during your application process. Click the tabs below to get specific lists about what your folder should include, including personal information about you, information about your work, and information about your medical care. The more organized you are the less stressful the process is apt to be.

Things to add to your SSD Folder

About You About Your Work About Your Medical Condition

About You

Information Pertinent to Your History

Your date and place of birth and Social Security number
The name, Social Security number and date of birth or age of your current spouse and any former spouse.
You should also know the dates and places of marriage and dates of divorce or death (if appropriate)
Names and dates of birth of your minor children
Your bank or other financial institution's Routing Transit Number [more info] and the account number, if you want the benefits electronically deposited

About Your Work

Make Notes and Organize Information About Your Work:

The amount of money earned last year and this year
The name and address of your employer(s) for this year and last year
A copy of your Social Security Statement
The beginning and ending dates of any active U.S. military service you had before 1968
A list of the jobs (up to 5) that you had in the 15 years before you became unable to work and the dates you worked at those jobs
Information about any workers' compensation, black lung, and/or similar benefits you filed, or intend to file for. These benefits can:
- Be temporary or permanent in nature;
- Include annuities and lump sum payments that you received in the past;
- Be paid by your employer or your employer's insurance carrier, private agencies, or Federal, State or other government or public agencies; and
- Be referred to as:
  - Workers' Compensation;
  - Black Lung Benefits;
  - Longshore and Harbor Workers' Compensation;
  - Civil Service (Disability) Retirement;
  - Federal Employees' Retirement;
  - Federal Employees' Compensation;
  - State or local government disability insurance benefits; or
  - Disability benefits from the military (This includes military retirement pensions based on disability but not Veterans' Administration (VA) benefits.)

About Your Medical Condition

Keep this information handy for multiple reasons:

Name, address and phone number of someone we can contact who knows about your medical conditions and can help with your application
Detailed information about your medical illnesses, injuries or conditions:
- Names, addresses, phone numbers, patient ID numbers and dates of treatment for all doctors, hospitals and clinics;
- Names of medicines you are taking and who prescribed them; and
- Names and dates of medical tests you have had and who sent you for them.

Call David Gantt
P: 828-252-2852

DISABILITY BENEFIT EVALUATION

The Claims Process

Throughout the claims process, keep in mind that if you are granted Social Security disability, the payment formula is based on lifetime earnings and FICA taxes you have paid. Some factors that influence a determination of disability include your age, blindness, and illiteracy and/or higher education.

FREE ONLINE DISABILITY BENEFIT EVALUATION

STEP 1 - Application STEP 2 - Reconsideration STEP 3 - Administrative Hearing

STEP 1 - Application

Starting the Process

You can apply online here: https://secure.ssa.gov/iClaim/dib.
Completing this application survey online triggers the Social Security Administration to make contact with you.

Set an appointment with an interviewer by calling the office nearest your home:

Asheville: 866-572-8361
Hendersonville: 866-964-5053
Franklin: 866-562-0738

For your appointment, you will need a photo ID to gain access to the Social Security Administration building.

What Happens Next:

Once your initial interview has been completed, your claim for benefits is forwarded to Disability Determination Services and assigned to a claims examiner. The claims examiner:

will obtain and review your medical records
may schedule a disability examination with a Social Security retained physician
will make a determination of disability based on a rigorous set of Social Security guidelines, which do not include claims examiner discretion of any kind

In most cases (as high as 90%) applicants will receive a denial of benefits, even when other medical professionals have assigned disability ratings. Upon receipt of your denial of benefits call David Gantt Law Office at 828-252-2852.

Timeframe for Application Phase: 3-6 months

828-252-2852

STEP 2 - Reconsideration

Request for Reconsideration

Your Request for Reconsideration of your initial denial places your file in the cycle to undergo the exact process you've just been through in the application process. You can expect the same outcome. The only difference is that a different claims examiner is assigned to review your benefit application. Almost all reconsiderations are denied.

Don't loose hope. Keep your claim appealed.

Timeframe for Reconsideration Request: 3-6 months

STEP 3 - Administrative Hearing

Request for Administrative Hearing

no hearing request is available until you have twice been denied benefits
most people win their appeal at this level

Obtaining a hearing before an Administrative Judge is the longest segment of this process. It takes between twelve (12) and eighteen (18) months to acquire a hearing date from the time your formal request for hearing is made. Your request to have an Administrative Law Judge review your case cannot take place until your claim for benefits has been denied twice.

The vast majority of claimants will acquire Social Security disability benefits at this juncture. Unlike claims examiners, the Administrative Law Judge has the ability to look at each issue collectively instead of individually, as claims examiners are required to do. Because the Administrative Law Judge has the ability to look at your situation from a holistic perspective, he can take into account how the symphony of issues you may have affect your life. The Administrative Law Judge has a much greater level of discretion than do the claims examiners in the first and second phases of the process.

Timeframe for Administrative Hearing Request: 12-18 months

In the event your claim for disability benefits is denied at this juncture, the next step is an application for appeal to the Social Security Disability Appeals Council in Falls Church, Virginia. The review by the Appeals Council is a true appellate review, looking for specific judicial error(s) by the Administrative Law Judge. In the event of denial at the Appeals Council level, the last resort is the filing of a civil lawsuit in Federal District Court. Appeals to the Federal Court are overwhelmingly denied due to the high legal standard of review.

At David Gantt Law Offices, we care tremendously about the experience you have battling for your Social Security Disability benefits. Once your application process is complete and you have received your initial denial, we can help you. We can remove the stress and worry from the process and guide you through what remains as expeditiously and efficiently as possible.

FREE DISABILITY CONSULTATION

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