application and appeals process
Have you been denied social security benefits?
That's OK. Most people's initial applications are denied. At Harris & Helwig, most of our clients seek legal representation when they have been denied at the first level by Social Security. A person only has 65 days to file an appeal after having been denied. We help people file the appeal forms and try to develop evidence that will prove that they are disabled.
There are five steps to the Social Security process:
There are five steps to the Social Security process:
- Submitting the initial application. There are three ways to submit your initial application: go in person to your local Social Security office (not recommended due to long waits at the Social Security office), electronically on the internet, or by phone. Please visit our resources page for the link to the Social Security office. If you want help filing the initial application by computer, contact our office and if we accept your case we can help you file your application electronically.
- Reconsideration. If your initial application is denied, we can submit for reconsideration. This is basically a repeat of the first process. Your initial application and the reconsideration are reviewed by an assigned disability worker. This person is not a medical professional and unless your disability is clear cut, he or she is likely going to deny your claim.
- Hearing. If your application is denied a second time, we will request a hearing. Unfortunately it can take from one to two years to schedule a hearing, depending on which Social Security Administration Office has your file. Certain people can ask for an expedited hearing: those who are homeless or suffer from a terminal illness. However, most people have to wait for the hearing. There is currently a trend of decreasing approval rates at the hearing level, with the nationwide allowance rate at the hearing level at 45% in 2014, down from 63% in 2008-2009. The National Organization of Social Security Claimants' Representatives has expressed concern that there is a change in the culture of the Social Security Administration that encourages judges to deny more claims (NOSSCR Forum, November 2014). To see the approval rate of an individual Social Security judge go to https://www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html.
- Appeals Council. If your case is denied at the hearing, we can appeal it to a board of Social Security judges. These judges review the transcript and file that was used at the hearing and determine if that Social Security judge made a mistake.
- Federal Court. If your application is still denied, we can appeal your case to a federal court judge. The federal court will review your application and the transcript and will either 1) award benefits, 2)Send the case back to the Social Security judge, or 3) deny your claim.
contact our florida social security disability appeals lawyer
To contact our skilled Lakeland Social Security application attorney, call locally at 863-648-2958, or Toll Free at 888-288-8078, or send us an email at info@harrisandhelwig.com. Our office is handicapped-accessible and provides free parking.