The Disability Process — Law Office of Paul Sachelari

Social Security’s Disability Process

Initial and Reconsideration

After applying for Social Security Disability benefits through Disability Insurance Benefits, or Supplemental Security Income, your claim is decided at two levels. At the “initial” and “reconsideration” levels, Social Security’s employees review the medical evidence in your case file to determine whether you qualify for benefits. If they determine you do not qualify, you can appeal that decision to an Administrative Law Judge.

Administrative Law Judge

At the Administrative Law Judge level, your case is considered by the judge. This is likely to involve a hearing, where you have the opportunity to testify on your own behalf. These hearings are informal in nature, and “non-adversarial.” In other words, there is no attorney for SSA working against you. However, it is to your right to have your own attorney representing you at the hearing, and is an enormous advantage. If your claim is denied by the Administrative Law Judge, you can appeal that decision to the Appeals Council.

Appeals Council

Federal Court Appeal

The Appeals Council is the last stage of SSA’s own internal review. This consists of Administrative Appeals Judges, who take a second look at the Administrative Law Judge’s decision in your case. If they determine the ALJ made a mistake, they may ask that judge to issue a new decision in your case. If they decide there was no mistake, you can appeal their decision to the U.S. District court.

Federal Court of Appeals

An appeal to the U.S. District Court moves your case out of SSA’s internal review system. Here, an independent judge will review the Administrative Law Judge’s decision to see whether it comports with the law. Successfully pursuing a Social Security disability appeal in the Federal courts can be challenging. Having an attorney represent you at U.S. District court is of great advantage to you.

If your case is denied by the U.S. District Court judge, you can appeal that decision to the U.S. Circuit Court of Appeals. These are the courts that are just one level below the U.S. Supreme Court. While much fewer cases are heard by the courts of appeal, this is an option if you do not win your case at district court.