The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairmet which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.
What steps can I expect my case to take?
1. Initial Application - The initial claim is made at your Social Security District Office. The claim needs to be made on a prescribed form and filed while the person who is eligible is still living.
2. Request for Reconsideration - Must be filed at the local Social Security District Office. The reconsideration is an independent review of the case based on evidence submitted at the initial application, plus any additional evidence submitted at this level.
3. Hearing with an Administrative Law Judge - This is the only level where face to face contact is made. The request for a hearing may be made by either the claimant or the claimant's representative at the local Social Security District Office. The claimant will receive notice of the hearing date and time at least 20 days prior to the hearing. A decision is usually made within 3 to 4 months after the hearing.
4. Appeals Council - The Appeals Council will review the Administrative Law Judge decision if: (1) there appears to be an abuse of discretion by the Administrative Law Judge, (2) there is an error of law, (3) the actions and findings are not supported by substantial evidence, or (4) there is a broad policy or procedural issue that may affect the general public interest.
5. United States Federal District Court - The Federal Courts will hear all appeals.
