If you’ve been disabled due to a work-related injury, you may be eligible to receive payment for Social Security disability if you worked long enough. If this happens to you, you should apply for benefits as soon as possible because the process to start receiving the benefits may take up to three months, and it is only for the initial approval or denial. The appeal of an initial decision involves going before an administrative law judge to your case and wait for its decision, which adds to your waiting time.
When you submit a claim for benefits by Social Security Administration disability, information is sent to the disability determination Agency. This Department is responsible for the investigation of the information contained in your application to determine if your disability prevents you return to your job or find another kind of gainful employment. If you find that you cannot work due to your disability, your case is returned to the Social Security Administration, where you determine the amount of your benefit.
Filing an appeal
The majority of applications for Social Security disability benefits fail on the first attempt. At this point, you can submit a request for reconsideration. This must be done within 60 days of receipt of notification of the denial of benefits or you will have to start the process again with a new application. You will have to fill an appellate report, which will include any changes in your condition, and a new definition of disability examiner will review your case.
Administrative law judge
If your case is still denied after reconsideration, then you have the right to a hearing before an administrative law judge in the Office of adjudication and review of disability. While it takes time to get to this point, the judges tend to approve more cases than by disability determination services. However, you can also experience another long wait to see a judge due to accumulation of issues that need to be heard. If the judge rejects your case, you have 60 days to appeal to the Board of appeals of your local Social Security Office, and if the Council rejects you, your last option is to appeal in federal court.
It will take three months to receive a response to your initial request. Reviews will take about two months. Waiting for your case before an administrative law judge may last more than two years. However, if the judge approves your case, you must pay for the sixth full month after the onset of your disability, according to the Social Security Administration, and you will receive your check of these benefits at the beginning of the following month.