A. Initial Application
- Can be done in person at the applicant’s local Social Security office or online at http://www.ssa.gov/applyfordisability/
- Waiting time for a decision is generally 90 days, but may take longer
- An attorney is not needed at this step
B. Reconsideration
- If the initial application is denied, the claimant has 60 from the date of the denial to file an appeal called a Request for Reconsideration
- The appeal consists of a Disability Report-Appeal form, a Request for Reconsideration form and 3 Authorization to Release Medical Information forms and can be completed at the local office or by printing the forms available online
- Waiting time for a decision is generally 90 days, but may take longer
- An attorney can be helpful at this stage
C. Hearing before an Administrative Law Judge
- If the claimant is denied at the Reconsideration stage, s/he has 60 days from the date of the denial to file an appeal in a Request for a Hearing before an Administrative Law Judge
- The appeal consists of a Disability Report-Appeal form, a Request for a Hearing before an Administrative Law Judge and a new medical authorization form, as well as any new medical or other evidence that is relevant
- Waiting time for a hearing date at the Milwaukee Office of Disability Adjudication and Review may take up to 18 months or longer (as of 7.09)
- An attorney should be retained at the stage
D. Appeals Council
- If the claimant is denied benefits by the Administrative Law Judge, an appeal can be made to the Appeals Council for review
E. Federal Court
- If the Appeals Council denies the claimant’s request for review OR the decision by the Administrative Law Judge is affirmed, the claimant may file in Federal Court
To schedule a free initial consultation, contact MyLTDbenefits.com through this Web site.