DISABILITY PROCESS

THE PROCESS AND OUR ROLE

 

There are a possible five levels that a client might be required to follow before a final decision is made by the Social Security Administration for both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI) claims. Choudhury Paulett Law, L.L.C. will be there to help at every step of the process. 

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Read below for more information on each level:

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Level One: Initial Claim and/or Application Preparation

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Choudhury Paulett Law, L.L.C. are diligent in preparing claims for Social Security benefits. ​If you are unable to work due to a physical or mental impairment, the first step is to complete a Social Security Disability application. All applicable records are gathered and reviewed. Knowledge obtained through the client, the records and treating physicians, and, if applicable, places of employment, schools, is applied in preparing solid claims for benefits for Social Security Disability (SSD) or Supplemental Security Income (SSI). A client may also be asked by the Social Security Administration to submit to a consultative exam with a doctor contracted with the Social Security Administration. Do not be discouraged if the initial claim is denied as most disability applications are denied at the initial level.

 

Level Two: Initial Claim Denial

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If denied at the initial level, the client must file for reconsideration within the first 60 days of your denial. Choudhury Paulett Law, L.L.C. can help file this appeal. It will take, approximately, three to six months to receive a decision. At this stage it is most likely that your claim will once again be denied. Most disability claims take to stage three before they are approved. Choudhury Paulett Law, L.L.C. will be at every step informing and guiding the client throughout the process.

 

Level Three: Hearing in front of an ALJ

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Upon receiving notification of benefit denial or benefit termination, Choudhury Paulett Law, L.L.C. files for a hearing before an administrative law judge (ALJ). The client must file for a hearing within 60 days after the denial for reconsideration. It is currently taking the Office of Disability Adjudication and Review (ODAR) 9 to 16 months to schedule a hearing from the date they receive the hearing application. Prior to the Hearing, the client is well prepped via consultations and meetings with one of the attorneys. Choudhury Paulett Law, L.L.C. will be responsible for writing and presenting necessary pre-hearing and post hearing briefs. 

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Level Four: Benefit Appeals

 

Although the majority of cases are successfully resolved at the hearing stage, Choudhury Paulett Law, L.L.C. is also skilled in appealing decisions to the Appeal Council for clients that have a genuine disability. The Appeals Council will review the ALJ's decision for any procedural error. This step takes approximately 12-18 months for review.

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Level Five: Federal Court

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If your disability claim has been denied through all of the available administrative appeals, you can appeal your claim to the Federal Court. Very few of cases justify this level of appeal.

 

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