What is the Process for Applying for Social Security Benefits if You are Disabled?
Now that you have figured out if you should apply for Social Security benefits, you may be asking yourself how you apply for these benefits. Our Montgomery Social Security lawyers are here to help you, and luckily the process is easy:
- Applications for SSI/SSDI/DAC. This can be filed with the help of our social Security Disability lawyers, be done online at www.ssa.gov, or be done in person at your local Social Security District Office. The disability attorneys of The Sellers Law Firm assist clients with the initial application process for most types of Social Security benefits. By allowing us to assist you with the application, the process can go much more smoothly and typical reasons for denial may be avoided. We strongly suggest that clients allow us to help from the very beginning of the process. It greatly increases the chances of winning at a much earlier stage of the process!
- Reconsideration (not applicable in all states, including Alabama). Reconsideration is a complete review of the claim by a new person. This must be filed within 60 days of the initial decision. If you have used a Montgomery Social Security lawyer for the initial application process, you should contact your attorney immediately upon receiving notice of denial for benefits. The attorney will then assist you with the Reconsideration process.
- Appeal for a hearing before an Administrative Law Judge. This appeal must be filed within 60 days of the reconsideration decision (or initial decision if you live in Alabama, Alaska, California (limited to certain areas), Colorado, Louisiana, Michigan, Missouri, New Hampshire, New York (limited to certain areas), and Pennsylvania). Again, if you have used a Montgomery Social Security lawyer for either the Initial Application process or the Reconsideration process, you should immediately contact your attorney upon receiving a denial for benefits. Your attorney may assist you in filing your Appeal. One of the greatest reasons for the delay in obtaining disability benefits is that people do not timely file the appeal. This is why we strongly urge people to hire an experienced Social Security disability lawyer!
- Appeal to the Appeals Council. This step is not advisable in all cases. If your case is denied before the Administrative Law Judge, you should immediately consult with your lawyer or another experienced Montgomery Social Security lawyer to determine whether or not you should file an appeal to the Appeals Council. SSR 11-1p changed the Social Security process and now requires a claimant to either file an Appeal at the Appeals Council or to file a new Initial Application for benefits, should the claimant wish to continue in his or her attempt to draw benefits. This new rule dictates which cases should be filed to the Appeals Council and which cases should have new applications filed.
- Appeal to Federal District Court. If you disagree with the Appeals Council's decision or if the Appeals Council refuses to review your case, you can file a civil suit in federal district court. This is the last level of the appeals process. You may have an Initial Application and an Appeal to Federal District Court pending at the same time. In fact, most Social Security Disability lawyers recommend both actions. If a fully favorable decision is issued on the new application, then that decision can be given to the Federal District Court as evidence that you were disabled as of your previous application. If the Federal District Court reverses or remands your case, then that ruling will moot your new application. Consult your attorney as to what steps you should take on filing a Federal District Court appeal.
At the Sellers Law Firm, we have represented thousands of clients obtain their social security disability money and benefits. We have collected millions and millions of dollars in back benefits! For many years, our team has been asked, “Why don’t you have an office near me?” We answered the “near me” question! We have offices in Montgomery, Selma, Greenville, and Troy. There is never a fee for a consultation. Our Montgomery Social Security lawyers, and the lawyers in our other locations, are here to help you! Call us today at 334-LAWYERS (529-9377) or email us at firstname.lastname@example.org. You may also use the “text us” link of Contact Form on our website. Remember that doing nothing, changes nothing, and there is never a fee for a consultation!