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Steps for Filing a Social Security Disability Claim

Everyone's experience with the Social Security Administration is different. Some people win quickly; most do not. But no matter how long your case takes, please remember one thing: We'll deal with the government. You have enough to worry about.

There are many steps in filing a Social Security Disability claim. The general procedure looks like this:

1) Initial Application: We will make sure that we have gathered and submitted all the information necessary to have your claim approved. We will file your Social Security application after going over it with you.

2) Reconsideration: While some claimants win at the initial application stage, most do not. In some states, we have to file for reconsideration. In other states, reconsideration has been abolished and we apply directly for an administrative hearing. Of the three stages, reconsideration is the one in which you are least likely to be granted benefits.

3) Hearing: If you were denied we will request a hearing for you in front of an Administrative Law Judge. Our advocates will continue to update the medical evidence and prepare you for your testimony. Here, you will be seen by a judge for the first time and you will be able to tell in your own words why you can't work.

4) The Appeals Council: While most cases handled by Binder & Binder® are won at the hearing stage, some Administrative Law Judges are tougher than others and they deny cases that should have been granted. If that happens to you, we appeal the case to the Appeals Council. The Appeals Council can also deny your claim or send the case back to an Administrative Law Judge for another hearing. On some occasions, they will outright reverse the case and pay it.

5) Federal District Court: Finally, if you lose throughout the entire administrative process, a claimant is entitled to file in the United States District Court. While Binder & Binder® does not represent claimants in the federal courts, we work with lawyers who specialize in these types of appeals and we'll make sure that you are represented by an experienced lawyer in the United States District Court.

1 Comment

Mr. Binder,
For two years now I've been struggling with a poor balance and a bit of slurred speech. I did have a TIA on 2005 but the Medical Doctors did not find anything on the many tests I took: MRI, holster, Ear Doctor, Lungs Doctor, For two Years now I have been seen Specialists, such as a Cardiologists, Neurologist, Respiratory Doctor (Lungs Doctor), Ear doctor (actually he runned an Audiology test on me. It seems to be OK … I tried to find out what was going on and what was and is giving me a poor balance and a slurred speech if I stand or work or talk for more than one hour. This drives me nuts since ALL the medical tests I had taken every two or so months came up GOOD. I am considering resigning from my work position in the Summer time. The tests look good, but I am not good. I am like a 70% of my work capacity. Tell me if you can help. Alberto

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