The Process

The Disability Process

The process

Applying for Social Security Disability / Supplemental Security Income benefits is a long and difficult process. Our office can assist you in this process:

applying for social security disability benefits

You must prove that you are unable to perform substantial gainful activity (SGA) due to a condition(s) which has lasted or will last 12 months or longer. 

The first step is to apply for benefits. Our office can file the claim for you, saving you time and aggravation. We will work with you to gather information about your medical treatment and work history and use that information to file your claim on your behalf. In most cases, we file electronically, streamlining the process. Your case will be assigned to a representative, who will request medical records based on the medical information you provide. You will have to complete several forms, including Function and Work History Forms. These forms are part of your permanent Social Security file and everyone who reviews the file will have access to these forms. That’s why it so important to have an experienced attorney helping you with these forms. We also speak with the Social Security Administration (SSA) on your behalf, ensuring it has all of the information needed to make a decision. It typically takes 4-6 months for SSA to make the initial determination. This can be a frustrating and difficult time for you. We provide the expertise and experience necessary to best handle these claims.

appealing a denied claim

If the SSA denies your claim(s), you must appeal to continue your claim. You have only 60 days from the date of the denial letter to appeal. As your attorney, I will make sure you meet all deadlines. The order of the appeals is as follows:

o    Request for Reconsideration.  A representative will reconsider your claim. Our office will deal with the representative, ensuring they have everything they need to review the initial decision.    

o    Request for Hearing before an Administrative Law Judge (ALJ). The good news is that the ALJs are not bound by earlier decisions regarding your claim. Your attorney will prepare you extensively for the hearing and obtain the necessary evidence for your case.  

o Appeals Council Review.   If you receive an unfavorable decision from the ALJ, we can file an appeal with the Appeals Council. In order to file an appeal, there are certain criteria that must be present, such as an error in applying the law.

o    A Lawsuit in Federal Court.  If the Appeals Council upholds the ALJ’s decision, a claimant can file a lawsuit in the United States Federal District Court. Our office works closely with an attorney who handles these claims. The client will continue to work with our office and we contact the attorney who handles the District Court claim. This does not increase the cost to the client. 

The Law Office of Helene J Frischer will work with you at each step of the process.  We provide our expertise to represent you on these claims. 

 

Get in touch

We know that finding the right attorney to represent you is a choice not to be taken lightly. We offer a free telephone consultation to discuss how we can best serve your needs.