Obtaining Disability Benefits

Social Security, to most people, means old age andyou believe you should have been granted benefits.
retirement benefits. However, Social security paysIf you are turned down at the Reconsideration stage,
other benefits, one of which is disability.then go on to stage three, which is the process of
The procedure for collecting disability benefits can berequesting a Hearing before an Administrative Law
long and confusing. There are five stages to theJudge. This will normally be the only "hearing" in the
process. The first two can easily be performed by theentire process. All subsequent appeals are based on
claimant, who is the person seeking disability benefits.this hearing. Therefore, it is very important to get all the
The remaining three stages are best handled by anevidence in your favor "on the record". For this reason,
attorney.it is advisable to have an attorney at this and all
The Social security Act defines disability as "the inabilitysubsequent stages. At the hearing you will testify and
to do any substantial gainful activity by reason of anyexplain why your medical problems prevent you from
medically determinable physical or mental impairmentworking.
which can be expected to result in death or which hasShould the Administrative Law Judge deny you
lasted or can be expected to last for a continuousbenefits, you next apply for Appeals Council Review
period of not less than 12 months." Medical evidenceby the Social Security Administration. This is basically
must be presented by the claimant to support thethe same as the Reconsideration stage. Should they
existence of a disabling condition. The Social Securitydeny you benefits, go to the final stage, the Court
Administration will give consideration to the combinedsystem. You actually sue the Department of Health
effects of a claimant's impairments, including pain.& Human Services in Federal Court for your
To begin the process you will need a statement frombenefits.
your doctor indicating that you are disabled inBy law, no attorney's fees may be paid until the end of
accordance with the above definition. You are thenthe case. The fee must be approved by the Social
ready to proceed to the first stage: Application. YouSecurity Administration and the Federal Court. The
can obtain an application by writing or calling any Socialattorney's fees are deducted from the claimant's past
Security office. Their address and phone number aredue benefits, so there are usually no out of pocket
in the blue pages of your phone book under Unitedexpenses.
States Government, Health & Human Services.Although this is a lengthy process, you should not give
Supporting medical records should be attached to yourup your disability benefits if you are entitled to them. Do
application. Should the Social Security Administrationnot hesitate to contact an attorney or the Social
turn down your application for benefits, then the nextSecurity Administration for information about Social
stage is Reconsideration. That form, likewise, may beSecurity Benefits.
obtained from Social Security. It basically asks why