Social Security Claims

President Franklin D. Roosevelt signed the Social Security Act in to law in August, 1935. The original act was to provide some sense of economic security for those aged Americans who had reached age 65. But in 1954, the Social Security Act was amended to allow workers to seek disability benefits if they met certain disability "criteria." At that time, the only workers allowed to file for disability were those between the ages of 50 and 64. In 1960, President Eisenhower amended the Act again, this time to allow for the assertion of disability claims by citizens of any age as long as they met the disability criteria.

Against that brief history, our practice has grown as we see more and more citizens being denied their proper benefits. The Social Security bureaucracy has simply placed roadblocks in many claimants path to receiving their benefits.

The process itself begins with an initial application that a claimant may make in person or on the telephone. Once the information is received, the Disability Determination Section reviews the individual's claim. DDS must determine whether an individual's disabilities meet or exceed their definition of "disability." If the answer is no, the claimant has the right to ask the DDS to "reconsider" its opinion. Seldom does this result in a reversal of the initial decision, but it is a necessary step in the appellate process. Interestingly, the Social Security Administration is considering dropping the "reconsideration" step in the appeals process. If the reconsideration is unsuccessful, the claimant may ask for a hearing before an Administrative Law Judge. The judge is actually paid by the SSA, but he is ordered to be (and I believe them to always be) neutral in their decision-making. At the hearing, the claimant has the right to be represented and assisted in making their presentation as to why they should be found "disabled." If the judge finds against the claimant, he still has two levels of appeal left. First, he can seek appeal to the Appeals Council. Although this is required before proceeding to the next level, the Council rarely reverses the findings of an Administrative Law Judge. After the Appeals Council, he may file an action in federal court.

The system is designed to be complicated. The system is designed to wear you down. And the system is very time-consuming. Those in need of disability benefits often find themselves facing years of claims processing before they prevail. Our firm has years of experience in fighting for our clients. We have represented claimants in virtually every kind of health disability claim. We can help you too.

Do you have questions or do you want to make an appointment in this area?

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