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SOCIAL SECURITY DISABILITY APPLICATION PROCESS

 

Here is a brief overview of what takes place after you file your Social Security disability application:

  • Application confirmation – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this.
  • Function report – Social Security will mail you a form called a function report. This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned.
  • Work history report – Social Security will mail you a form called a Work History Report. This form will ask questions about your past jobs, what you did at those jobs, whether you had to sit, stand, walk, lift and carry objects, and supervise people. This form will help Social Security determine whether your current abilities would keep you from doing your past jobs. This is critical in receiving a favorable award. Don't skip parts of this form; all questions must be answered.
  • Consultative examination – Social Security may ask you to attend a consultative examination. This examination is free of charge and Social Security will also provide an interpreter free of charge, if necessary. It is very important to attend this examination and to cooperate fully. Social Security may deny you for failing to attend this examination. Depending on your limitations, they may schedule a physical and/or mental exam, order x-rays, an eye test, or a breathing test. The examination will not be invasive and Social Security will not ask you to undergo any treatment. This exam will not provide any treatment or medications.
  • Medical records – Social Security will order your medical records from your treating doctors. It is very important to provide the correct contact information for all your treating doctors, clinics, counselors, hospitals, etc. Social Security will require a doctor or facility name, address, phone number and estimated dates of treatment. Social Security will contact only the providers you list in your application, so you should provide full information about all your providers.
  •  Time Frame:  In 2025 Social Security estimates an average wait time of 8 months to get a decision on your disability claim.  Your actual wait time depends on a number of factors.  In my experience as an advocate, it is very common to wait 12 months or longer for the initial decision. Only about 22 percent of initial decisions are awards (approvals).  The other 78 percent must enter the appeals process before they can be paid.
  • Appeals:  If you are not among the 22 percent to get an approval with your initial application, you must appeal the denial within 60 days (a strict deadline). There are 2 appeals that many claimants will need:
    • 1.  "Reconsideration," which only has an approval rate of 19 percent.
    • 2.  Hearing before an Administrative Law Judge (ALJ) - your best chance of being approved.  It is highly recommended that you have experienced legal counsel to prepare and attend this hearing. A US government study finds that you are 3 times more likely to be successful if you have adequate legal counsel at the hearing level.
    • Overall, the entire appeals process takes an average of about 23 months to complete).

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Charles W. Forsythe at The Forsythe Firm specializes in Social Security hearings and appeals.   We never charge a fee unless you win and are awarded back pay (past due benefits).  Consultations are free and without obligation. Call (256) 799-0297.  Remember you have a 60 day deadline to appeal any denial.

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