The most important part about the initial phase and making a Social Security disability claim in general is getting the process started as quickly as possible. The initial consideration phase is started when you call or go to your local Social Security office to apply for benefits. If you don’t know who to call, then call us and we will help you.
The agent at the Social Security office will take your personal information — things like your Social Security number, your date of birth, your address and telephone number. The agent will also ask you the date when you first became disabled. For most people, this is the day you last worked. The date you became disabled, or your “date of onset”, is important for several reasons. First, your eligibility for benefits under Title II, will be calculated starting with the sixth month following the date you first became disabled. If you have been eligible for Title II benefits for two years, then you are also eligible for Medicare. Also, your back-benefit is calculated from the date of your eligibility. You can think of your back-benefit as the “back pay” that Social Security should have been paying you. How much of that back benefit you get depends on when you apply. If you apply for benefits within a year of becoming disabled, and the Administration agrees with you about your date of onset, then you should get all of your back benefit. In some cases, that is a substantial sum of money. You will not get paid for back benefits that accrued more than a year before your application. That is why it is important to apply as soon as possible. As soon as you are pretty sure that you won’t be able to go back to work for at least a year, you should apply for your benefits.

The second thing you need to know about the initial consideration phase is that most people get turned down for Social Security benefits at the initial consideration stage. Just remember – stay positive. The appeal process may be complicated but Todd Butler has years and years of experience in fighting through the appeal and getting clients the benefits they deserve. Nationwide statistics suggest that the denial rate is between sixty-five and seventy percent. You should return the packet we sent you as quickly as possible so that we can help enhance your chances of getting approved at the initial stage. If you do not get approved, we can make sure your case moves into the the ‘Reconsideration Phase’ in the best possible position for success.

Step Two: Reconsideration Phase

The reconsideration stage is more like a courtesy to your state’s agency than anything else. It is like a opportunity for them to get it right.

Ultimately, it is a step in the process that you probably won’t even notice. For you, it will just seem like the calendar is running. For the most part, it is an opportunity for a second set of eyes at the state’s agency to review the file to determine whether the first set of eyes made a mistake. Approximately 85 percent of the time, the state’s agency responds to the Social Security Administration that it did not make a mistake. Nevertheless, the reconsideration phase gives us an opportunity to review your file to make certain that the state agency got all of your medical records and included them in your Social Security file. We can alert the agency to the absence of important records, help the agency get the records if the health care provider is being difficult, or even obtain the records ourselves and provide them to Social Security.

Step Three: Hearing Phase

If your claim is denied again, or if you disagree with the results, you may request a hearing by an administrative law judge. During this stage, your attorney may prepare you for questions that could be asked at your hearing; request the judge to subpoena witnesses vital to proving the legitimacy of your claim; argue your case before the judge; question witnesses and experts; present new evidence or information you believe was not reviewed properly; and, if you have already been awarded benefits, ask the judge to review and reassess the calculations.