Immediately! Once you know that you are disabled and will be unable to work it is important that you file your claim right away.

The law requires that your condition will cause you to be disabled for 12 months or longer. However, this does not mean you have to wait. This only means that your condition is expected to render you disabled for 12 months or longer.

Once you know you will be disabled, you should apply right away!

Most people are denied after they file an application for social security disability benefits. Only about 1/3 of applicants are approved after filing an application. If your application is denied, you will need to pursue the case by filing a request for reconsideration and you may also need to file a request for a hearing before an Administrative Law Judge (ALJ). Most people who are approved win their case after a hearing.

Every applicant has the right to appeal the SSA’s decision and can begin the appeal process within 60 days of getting the denied application back. It is important that you file your appeal timely.

We strongly suggest you seek representation immediately if you receive a denial letter. You only have 60 days to file an appeal from the date on the denial letter.

We recommend that you hire an attorney as early in the process as possible. Your attorney can help you at every stage of the process, from the initial application through all levels of appeal.

Additionally, having a lawyer at the hearing level is critical. An attorney will know how to present your evidence and will know the law that applies to your case.

In broad terms, disability lawyers analyze what needs to be proven to win benefits, figure out how to prove it, and gather the necessary evidence. This includes, but is not limited to:

• Obtain reports from treating doctors that are consistent with Social Security regulations.
• Gather additional medical records from doctors/specialists that answer questions raised by the SSA.
• Ask that a prior application for benefits be reopened.
• Request subpoenas to ensure the presence of crucial witnesses or documents.
• Advise the claimant on how best to prepare for and testify at the hearing.
• Object to improper evidence or procedures at the hearing.
• Cross-examine vocational experts and medical experts during the hearing.
• Present a closing statement at the hearing.
• Submit a written summary of the evidence and argument.
• If the claimant wins, make sure the SSA correctly calculates benefits.
• If the claimant loses, request a review of the hearing decision by the Appeals Council and, possibly, proceed to federal court.

The Judge will review all your medical evidence and will give you, and your lawyer, an opportunity to explain why you should receive benefits. You will be questioned by the Judge and your lawyer. You will give testimony under oath.

This is an opportunity for the Claimant to explain to the Judge the reasons why you are disabled. You can provide a detailed explanation and you can explain the “day to day” problems you deal with.

There will also probably be a vocational expert present, and possibly a medical expert as well. Your attorney will be allowed to cross-examine vocational and medical experts and make legal arguments to the Court.

The time a hearing takes varies depending on the case but can last typically anywhere from 30-60 minutes.

After the hearing closes, the Judge will then take time to issue a written decision.