Obtaining Social Security Disability even for those most deserving of these benefits, can be a long and arduous process. That’s why you need Silver & Silver to guide you through the numerous pitfalls that can occur at any time from your initial application through the receipt of your back due payments and continuing monthly checks.

The first step in getting disability benefits is to apply. An application can be done in person, over the phone, or on-line. If the severity of your disability would be apparent to a lay person, we recommend you apply in person at your local district office. If the Social Security claims’ representative notices any of your physical or mental limitations, he or she is required to note this in your record. This is something that could help you if your case goes before a Social Security Disability Judge. In-person applications can be taken at any district claims office within the state in which you reside.

You can call Social Security at 1-800-772-1213 to set up your application appointment. Social Security will set up the appointment at the closest office to your home, unless you specify that you wish to have your appointment at a different office.

You can call that same 800 number to set up a phone intake as well.

When you schedule an in person or over the phone application appointment, Social Security will advise you of the documents you will need for the appointment.

If you wish to apply on-line, go to www.ssa.gov and follow the instructions.

Following the initial application appointment, it is likely you will be sent some forms to complete and you may also be scheduled to see one of Social Security’s doctors. It is strongly recommended that any and all forms submitted to Social Security be reviewed by our firm before being returned to Social Security. It is also advisable that you speak with us before you attend the Social Security doctor’s appointment.

From the time of the application, it is generally about 90-120 days before an initial level determination is rendered. In 2009, almost 65% of all initial applicants were denied. If denied at this step, it does not mean that you don’t have a viable case and should quit. Rather, if you believe that you are unable to work on a full-time basis, you must persevere with this process and file an appeal.

In Pennsylvania and many other states, the next step would be to file a Request for Hearing within 60 days of the date stamped on the denial. (You are also allowed an additional 5 days for mailing). In New Jersey and Delaware, and many other states, an individual denied at the initial level must file for Reconsideration, also within 60 days. Because cases are denied at a rate of 86% at the Reconsideration stage, attorneys have fought to eliminate this stage and fortunately were successful in working with the Social Security Administration to eliminate this stage in Pennsylvania. In fact, our senior attorney, Mike Silver, testified before the House Subcommittee for Social Security in Washington, D.C. and encouraged the legislators to eliminate this unnecessary step in the process. As a result, the reconsideration stage was eliminated in Pennsylvania and nine other ‘test’ states, with the remaining states’ reconsideration stages to be eliminated thereafter. Unfortunately, this step has yet to be eliminated in New Jersey and Delaware and the forty other “non-test” states.

Most cases take between 6-12 months to get to a hearing in Pennsylvania, while in states with Reconsideration, it will often take up to 24 months.

At the Administrative Hearing Level, approximately 63% of cases are awarded. The high award rate is in large part a reflection of fair Judges, good preparation and clear medical documentation (our rate of award is much higher than the national average). While you are waiting for your court date, our office will be gathering medical evidence to help to prove your case. Once the court date is announced, we will continue to gather medical records and also meet to prepare you for the hearing.

You have one chance to tell the Judge why you are disabled. That is why it is so important to meet with us to review the procedures involved in the hearing and the questions that will likely be asked by the Judge, by our office, and by any experts that the court chooses to consult.

After an Administrative Law Judge hearing, it usually takes four to six weeks to receive a decision. If your case is successful, you will soon receive your award. In most cases, disability awards include past benefits as well as continuing monthly payments.

If a hearing decision is unfavorable to you, there are further remedies available, including filing with the Appeals Council and in Federal Court. While most of our clients win their cases earlier in the process, we do appeal worthy cases to Federal Court. Success at Federal Court results in either an outright award of benefits, or a remand of the case back to the Administrative Law Judge hearing level for a new decision. If we can prove that the Social Security Administration was wrong in denying you at an earlier level, we are often successful in getting the court to order the Social Security Administration to pay the attorney fee for the work done at the Federal Court level.

So, because the process can be slow and aggravating, and because we have been successfully pursuing disability benefits for our clients for more than 30 years, we encourage people seeking these benefits to contact us as early in the process as possible. We want to obtain the necessary information, assist you right away, and hopefully avoid any unnecessary mistakes, delays or confusion. Good luck is helpful, but good preparation is absolutely necessary.