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Anyone
who has been involved in filing a Social Security Disability
claim will tell you that the process can be very complicated,
frustrating and technical. It is important that you
properly complete all forms in the initial application
stage and make timely and proper responses to any denial
of benefits.
Most
people who try to jockey through the process themselves
find it very stressful. This is one of the many reasons
to retain an attorney with experience handling Social
Security Claims.
There
are many steps to the Social Security Claim process,
but these steps can be broken down into four primary
stages.
The initial application stage during which your case
is assessed and all information supporting your claim
is collected. This stage ends when you formally file
your claim for benefits which initiates the claim process.
The assessment stage is the time during which the Social
Security Administration reviews your claim for benefits.
This normally ends with an initial denial of benefits.
If you receive an initial denial, do not fret. An initial
denial occurs in most cases.
Once you receive your initial denial, the appeals stage
commences. You have 60 days to appeal the initial denial
of your benefits.
The next phase is the adminstrative hearing stage and
is probably the most crucial of all of the stages and
the most important stage to have legal representation.
During this stage there will be a hearing in front of
an Administrative Law Judge where you have achance to
provide further support for your claim.
Many claims will be denied even at the administrative
hearing stage. If you are denied at the hearing, you
will have a period of 60 days to appeal the decision
of the Administrative Law Judge to the Appeals Council.
If you are denied at the Appeals Counsel, you still
have a right to file in federal court. Most cases that
are denied at this stage are never filed in federal
court. However, it is always possible that there could
be a legal basis to file, but you should not proceed
without hiring an attorney with experience dealing with
this type of suit.
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