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The process to get Social Security Disability benefits can seem daunting. Let’s break it down step by step:

THE SOCIAL SECURITY DISABILITY PROCESS

Stage #1: Initial Application

When your first apply for disability benefits, you complete an Initial Application. This can be filed at your local Social Security office, over the phone or online. Rarely, your application will be approved at the Initial stage. More likely, your application will be denied, and three options remain: do nothing, file a new Initial claim, or file a Request for Reconsideration.

Stage #2: Request for Reconsideration

If your Initial application is denied, you have 60 days from the date of denial to file a Request for Reconsideration (Recon). At this stage, your claim is reviewed again by Social Security. If your Recon claim is approved, you will receive disability benefits. If not, three options remain: do nothing, file a new Initial claim, or file a Request for Hearing.

Stage #3: Hearing

When your Request for Reconsideration is denied, you again have 60 days from the date of your most recent denial to file a Request for Hearing. You have the greatest chance of being approved at this stage. The hearing takes place before an Administrative Law Judge (ALJ) and claimants will receive a Notice of Hearing before the hearing date. The hearing usually takes place at your local Office of Disability Adjudication and Review (ODAR). While legal representation is not required for the hearing, it is highly recommended.

Stage #4: Appeals Council

You will usually receive a decision from the ALJ within a few months after your hearing. If your claim is approved, you will receive both a Notice of Decision and a Notice of Award. If your claim is denied, you can appeal the decision before the Appeals Council. However, the Appeals Council frequently upholds the decision of the ALJ.

Stage #5: Federal Court Review

You will usually receive a decision from the Appeals Council within two years after filing. If your claim is approved, you will receive both a Notice of Decision and a Notice of Award. If your claim is denied, you can appeal the decision before the Federal Court. This is complicated process and it must be shown that the ALJ made a serious procedural error.

How Can Lewis, Lewis & Falkner Help You Get Disability Benefits?

No matter where you are in this process, an experienced attorney can help you.  Call our Tuscaloosa, Alabama office today at 205-553-5353 for your free consultation.

 

The Social Security Administration has established guidelines for which conditions qualify a claimant for Social Security disability benefits based on mental impairments. These guidelines, found in the “blue book” of impairments, list several categories of mental disorders. These disorders include anxiety, bipolar disorder, depression, schizophrenia, substance abuse disorders, and other conditions. 

In order to qualify for Social Security disability benefits based on mental illness, the individual must provide medical documentation that meets specific criteria. In addition to the specific criteria  for a particular disorder, there must also be evidence that the condition results in  one of the following:

  • an extreme limitation of one, or a marked limitation of two, of the following areas of mental functioning
  1. Ability to understand, remember, or apply information
  2. Ability to interact with others  
  3. Ability to concentrate, persist, or maintain pace
  4. Ability to adapt or manage oneself

or

  • The condition is “serious and persistent”. There is medically documented history of the existence of the disorder over at least two years and there is evidence of both:
  1. Medical treatment, mental health therapy, psychosocial support(s), or a highly structured setting(s) that is ongoing and that diminishes the symptoms and signs of your mental disorder; and
  2. You have minimal capacity to adapt to changes in your environment or to demands that are not already part of your daily life.

            Below is a brief explanation of the medical documentation required for the more common types of mental disorders:

Anxiety Disorders

Medical documentation of three or more of the following;

  1. Restlessness;
  2. Easily fatigued;
  3. Difficulty concentrating;
  4. Irritability;
  5. Muscle tension; or
  6. Sleep disturbance.

Depression

Medical documentation of five or more of the following:

  1. Depressed mood;
  2. Diminished interest in almost all activities;
  3. Appetite disturbance with change in weight;
  4. Sleep disturbance;
  5. Observable psychomotor agitation or retardation;
  6. Decreased energy;
  7. Feelings of guilt or worthlessness;
  8. Difficulty concentrating or thinking; or
  9. Thoughts of death or suicide.

Schizophrenia

  1. Medical documentation of one or more of the following:
    1. Delusions or hallucinations;
    2. Disorganized thinking (speech); or
    3. Grossly disorganized behavior or catatonia.

            Regardless of your mental disorder, you must show that you are receiving and complying with treatment, preferably treatment by a psychologist or psychiatrist. It is important that you continue to undergo appropriate treatment during the pendency of your claim for Social Security disability benefits.

            These requirements may seem complex and overwhelming. Let us evaluate your claim and help guide you through the process.

Call Lewis, Lewis & Falkner today at 205-553-5353 to speak to one of our experienced social security disability attorneys. We are ready to help you get your life back on track.

Want to learn more about Social Security Disability? Check out our FAQ’s Section.