Disability Claims Process

The standard of disability that must be shown is the same for both programs. You must have physical or mental problems (or a combination of problems) severe enough to keep you from working in any regular paying job ("substantial gainful activity") for at least 12 months. Disability due to drug and alcohol addiction is not covered, but certain physical or mental conditions as a result of a prior addiction may be covered.

In determining disability, the test is not whether you would be offered a job, but whether there are jobs which you could perform. For those over 55 years old, new regulations allow a more realistic look at age, education, and experience in making this test.

Application: For either Social Security or SSI, an application for disability benefits may be filed at the local district Social Security Office. Strom Law Firm, L.L.C., can assist you in filing a disability application in the appropriate cases, particularly if you have been disabled for at least 12 months with documented significant disability. You can also initiate your claims by visiting the SSA Webpage.

Denial: You should not become discouraged if your claim is denied at first. It is estimated that 80-90% of the applications are denied. This is an appropriate time for you to seek legal representation. Strom Law Firm, L.L.C., can discuss the circumstances of the case with you and give you an opinion of the merits of your claim. The earlier one of our attorneys starts working on the case, the better chance we have of being successful.

Reconsideration: The next step in the process is the "Request for Reconsideration" from Social Security. Reconsideration is typically reviewed by the same physicians who reviewed the initial application and the claim is determined by the same state agency handling the initial claim.

Hearing: The hearing is the most crucial stage of the appeal process, where representation by Strom Law Firm, L.L.C., is most helpful. An Administrative Law Judge will preside and testimony will be taken under oath, but the hearing is generally somewhat informal. It is private, usually held in a small room with only the Judge and his or her assistant, you, your attorney, and possibly your spouse or a friend.

The medical records will be admitted into evidence. You will be asked questions, either by the Judge or by your attorney, which you must answer to the best of your ability or recollection. The Administrative Law Judge may call experts including "Vocational Experts" and "Medical Advisors," to testify about the possibility of training for a new job and the severity of the medical condition.

One of our attorneys will prepare you thoroughly for the hearing, so there is no need to be apprehensive. Its purpose is to seek the truth and to carry out the purpose of the Social Security Act.

Decision: The Judge usually will not announce a decision at the hearing. A written decision will be sent to your lawyer and to you. It usually takes at least two to three months after the hearing to receive the decision, if not longer. You should always contact your lawyer after you have received a decision from the Administrative Law Judge.