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What You Should Know Before You Apply For Social Security Disability Benefits and What Social Security Will Not Tell You
During the disability appointment, a Social Security representative
will interview you and complete the initial application. The
interview will take place either in your local Social Security office
or by telephone. If done correctly, it should take close to
two hours, but frequently the Social Security representatives have so
much work that it takes less than half an hour.
If you have internet access, you can complete an online Disability
Report. However, unless you have a good working knowledge of the
social security system, I recommend that you consider selecting
a representative to advise you with the process. The
representative may ask you to submit other types of evidence to
help your case and assist you in describing the physical and
mental limitations that affect your ability to work.
My doctor says I am disabled. Is that enough to qualify me for disability benefits?
Absolutely not. You cannot get disability benefits solely
because your doctor says you are disabled. Without more,
your doctor's opinion is worthless to Social
Security. An experienced attorney or representative can
contact your physician to ensure that the necessary
information is included with your doctor's medical opinion.
I am getting disability
payments from my job or another agency. Can I automatically
get Social Security disability benefits?
No. Social Security disability laws are different from other
programs. Social Security does not pay benefits for partial
disability. It's an all-or-nothing proposition and the
definition is generally stricter than most programs.
How long does it take to make a decision?
In Arizona, it takes about 3 to 6 months to get
a decision at the initial level. This depends on how
much time it takes them to get your medical records and any other
evidence needed to make a decision.
Can I do anything to speed up the decision?
Yes. Be prepare for your interview, gather your
records, and pick the right representative the first
time.
How does Social Security make the decision?
Your initial application is sent to a state agency (Disability
Determinations Services or the DDS) that makes disability
decisions. The state has medical and vocational experts who
will contact your doctors and other places where you received treatment
to get your medical records. The DDS may ask you to have an
examination or medical test. This is a consultative
examination. Unfortunately, the vast majority of claimants sent
to these examinations are denied benefits. If you have good
doctors and medical sources, you should insist that DDS contact them
before they attempt to send you to one of their doctors.
If you are denied benefits, you have 60-days after you receive the denial notice to appeal your case.
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If
you do not file an appeal timely, the ALJ may dismiss your
appeal. This means that you may not be eligible for the next step
in the appeal process and you may lose your right to further review. |
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You
must have a good reason if you wait more than 60 days to request an
appeal. If you file an appeal after the deadline, you must
explain the reason for the late filing. Your representative can
prepare a good cause brief and request an extension of time. |
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