What is a Disability?
A disability can be a physical or mental impairment or a combination of both. In order to be approved for benefits, your condition must be severe enough to prevent you from working in any regular paying job for at least 12 consecutive months or result in death.
The test for eligibility is whether you are physically and emotionally capable of performing a job that is generally available in the national economy.
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) follow the same application and review process with the Social Security Administration. You might have to go through the following five levels before a final decision is made on your case. If you have a severe disability that keeps you from working, please understand that the process can be long and complex.
Disability Advisors will help you navigate through the following steps:
- Initial Application
Approximately 60% of claimants do not receive benefits at this level.
- Reconsideration (Available in 40 of 50 states)
Most claimants are denied at this level as well.
- Hearing - MOST CASES ARE DETERMINED HERE!
Your best chance to obtain disability benefits is through a hearing with a Social Security Administrative Law Judge (ALJ). Disability Advisors will present your case to the judge, making your chances of obtaining a favorable outcome twice as likely.
Note: It is currently taking the Office of Disability Adjudication and Review up to a year and a half to schedule a hearing from the date they receive the hearing application.
Appeals Council Sometimes good cases are denied at a hearing due to procedural errors. If that happens, Disability Advisors will take your case to an Appeals Council. We understand the law and know how various jurisdictions throughout the nation handle cases.
Federal Court If your disability claim has been denied through all of the available administrative appeals, you can appeal your claim to the Federal Court. Very few of our cases warrant this level of appeal.