How to Obtain Social Security Disability Benefits

If you are disabled and can no longer work, the Social Security disability insurance program can help you survive financially, but the claims and appeals process is complex and sometimes lengthy. Paralegal Colleen Grimmett, in "Working the Social Security Disability Claim," writes that some people win their claims immediately, without legal assistance, while others might try unsuccessfully for years to win approval, with or without representation. Understanding the process can help you navigate the system and improve your chances of winning benefits.

Instructions

Eligibility

• 1

  Check your current earnings. You might qualify for benefits even if you are working, as long as your income is below the level of "Substantial Gainful Activity," or SGA. The SGA level is adjusted each year. In 2009, it was $980 per month ($1,640 per month for individuals who are blind).

• 2

  Assess your health condition. To qualify for Social Security disability insurance (SSDI), your physical or mental disability must be "severe," limiting your ability to work for at least one year. Conditions on Social Security's Listing of Impairments are automatically considered disabling.

• 3

  Evaluate your ability to work. Even if you can no longer work at your former job, you might be able to work at one that is less physically demanding. Social Security wants to know if you can earn at the SGA level, even if it means switching fields. Contact your state's Vocational Rehabilitation program for career advice and retraining.

• 4

  Get proof. Make sure your medical records contain documentation of your disability. It can also be helpful to provide a status report summarizing your level of functioning.

Claims

• 5

  Contact the Social Security Administration. You can go to your local office in person, call [phone], or visit www.ssa.gov.

• 6

  Complete all forms, and submit them, along with any evidence or documentation.

• 7

  Wait for their decision. If you meet all non-medical requirements, your claim will go to Disability Determination Services, or DDS, for a determination of your medical condition. If approved, you will receive benefits.

Appeals

• 8

  File an appeal if necessary. If your claim is not approved by DDS, you may appeal. Get the following forms from Social Security: (1) SSA-561, Request for Reconsideration; (2) SSA-3341, Disability Report; and (3) SSA-827, Authorization to Disclose Information. Your appeal may take up to several months.

• 9

  File for Reconsideration if your initial appeal is denied. Reconsideration is a complete review of all evidence performed by a different set of workers. Again, this process can take several months.

• 10

  Ask for a hearing before an Administrative Law Judge if your request for Reconsideration is not approved. Consider whether you want legal representation. One possibility is representation from a non-attorney, which can be less expensive. Federal law allows a "qualified individual," such as a paralegal, to assist and represent clients in Social Security cases. If your case is especially complex, however, you might want an attorney.

• 11

  State your case in Appeals Court. If you are denied at the hearing level, you have the right to appeal. You may take your case to the Appeals Court, then to federal court. At this stage, consider hiring a lawyer.