SOCIAL SECURITY DISABILITY SELF HELP
FOR FIRST-TIME APPLICANTS
SHINING A LIGHT FROM
THE END OF THE TUNNEL
Applying for and receiving Social Security Disability Benefits is a multi-step process. Our law firm handles Social Security Disability cases from the point of the Social Security Administration's first denial. As such, Russell Bowling is, essentially, an appellate attorney.
Our team helps Social Security Disability applicants who have been denied benefits by a Social Security Claims Manager to seek reconsideration of their application by an administrative law judge. Though rare, some disability applicants are approved at their first application. This content is meant to be an overview of how the process works from the point of your first denial, and what you should expect from there.
For the majority of applicants, acquiring Social Security Disability benefits is a three-part multi-step process. Essentially the three parts are application submission, followed by a first and second appeal. Those three steps are described in "The Claim Process" Section below.
NOTE:
Social Security Disability is a national disability insurance funded by your tax payments.
Supplemental Security Income is a national insurance that is based on income. You may qualify for SSI while you are applying for disability.
Preparing to File Your Claim
Preparation and organization are key factors in helping applicants maintain focus. Having the following information handy will be beneficial to you while applying for Social Security Benefits.
Make a Reference File. While your Social Security interviewer will provide you a list, you will want to have the following items on hand both for the initial telephone conversation and personal interview, if required. You should put these items together before starting your initial application and to maintain copies of this information in a file with correspondence relative to your application. You will be asked for this same information several times during your application process. The tabs below to have specific information about what your folder should include. The more organized you are the less stressful the process is apt to be.
Things to add to your SSD Folder
Information Pertinent to Your History
- Your date and place of birth and Social Security number
- The name, Social Security number and date of birth or age of your current spouse and any former spouse.
- You should also know the dates and places of marriage and dates of divorce or death (if appropriate)
- Names and dates of birth of your minor children
- Your bank or other financial institution's Routing Transit Number [more info] and the account number, if you want the benefits electronically deposited
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The Claims Process
Throughout the claims process, keep in mind that if you are granted Social Security disability, the payment formula is based on lifetime earnings and FICA taxes you have paid. Some factors that influence a determination of disability include your age, blindness, and illiteracy and/or higher education.
Starting the Process
You can apply online here: https://secure.ssa.gov/iClaim/dib.
Completing this application survey online triggers the Social Security Administration to make contact with you.
OR
Set an appointment with an interviewer by calling the office nearest your home:
- Asheville: 866-572-8361
- Hendersonville: 866-964-5053
- Franklin: 866-562-0738
For your appointment, you will need a photo ID to gain access to the Social Security Administration building.
What Happens Next:
Once your initial interview has been completed, your claim for benefits is forwarded to Disability Determination Services and assigned to a claims examiner. The claims examiner:
- will obtain and review your medical records
- may schedule a disability examination with a Social Security retained physician
- will make a determination of disability based on a rigorous set of Social Security guidelines, which do not include claims examiner discretion of any kind
In most cases (as high as 90%) applicants will receive a denial of benefits, even when other medical professionals have assigned disability ratings. Upon receipt of your denial of benefits call us.
Timeframe for Application Phase: 3-6 months
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FREQUENTLY ASKED SOCIAL SECURITY DISABILITY QUESTIONS
Q. Should I Apply for Social Security When I Am Receiving Workers’ Compensation Benefits?
A. Yes, in general, Social Security law requires that you be disabled for a continuous period of twelve (12) months…
Q. What if My Disability is Caused by Alcohol or Drugs?
A. Legislation passed by Congress places significant restrictions on the eligibility to receive Social Security benefits if your disability is…
Q. Can I Draw Social Security if I Have Never Worked Full Time?
A. Yes, if you are unable to work at any job for a continuous period of twelve (12) months or…
Q. How Long Do I Have to Wait to File for Social Security Disability Benefits?
A. There is no waiting period at all. You can file for Social Security Disability benefits the day you become…
Q. Why Won’t Social Security Pay for My Disability Without an Administrative Law Judge (ALJ) Hearing?
A. In North Carolina, only a small number of applicants are awarded benefits before the Administrative Law Judge (ALJ) hearing.…
Q. Does Social Security Disability Pay for My Medical Bills?
A. Not immediately. If you are receiving Disability Insurance Benefits, Disabled Widows or Widowers Benefits, or Disabled Adult Child Benefits,…
Q. What Type of Physical Ailments are Considered Disabling Under Social Security Law?
A. The Social Security Administration reviews the overall impact of your cumulative ailments in deciding whether you are disabled or…
Q. How Do Lawyers Get Paid for Handling Social Security Disability Cases?
A. Most attorneys charge a contingent fee which is the lesser of $7,200 or 25% percent of your back benefits.…
Q. What is an Administrative Law Judge Hearing?
A. Social Security (SS) hearings are presided over by an Administrative Law Judge (ALJ). Fortunately, the Western North Carolina area…
Q. Can I Work for any Period of Time and Still Receive Social Security Disability Benefits?
A. Generally, No. You are required to report any earnings or substantial gainful activity to the Social Security Administration as…
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