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The Social Security Administration’s process for the initial determination of disability may take three to five months and occasionally longer. Following the receipt of your application for disability benefits, a Social Security representative will review the information you have provided. If the representative is satisfied that the application meets certain basic criteria (like a long enough work history), the representative will forward the application and evidentiary materials to the state Disability Determination Services, which is charged with deciding whether you have a disability that qualifies under Social Security Administration standards.
The state agency may seek more evidence to further develop your file. State agencies employ doctors and disability specialists to review medical records and collect additional information from treating doctors, clinics and hospitals. The agency may also send you to your doctor or a new doctor for an examination.
The Social Security Administration uses a five-step evaluation process to determine if you are disabled according to its standards and definitions. According to the Social Security Administration’s Web site, it looks at these factors:
These rules vary for blind applicants.
You will receive a letter that accepts or rejects your application. If you have been found eligible for benefits, the letter will include information on the payments you will receive. If you are found ineligible, you may appeal the adverse decision.
You have the right to appeal the decision on your eligibility for Social Security Disability benefits. If your appeal is denied at one step, you may move on to the next.
You have a limited time in which to file each appeal. An attorney who knows Social Security Disability law can be of great assistance during the appeals process.
Moving through the Social Security Disability application and appeals process can be time consuming and complicated. An experienced attorney from The Law Offices of Kenneth Hiller in Buffalo, New York, can answer your Social Security Disability benefits questions and help you with the qualification process.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.