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What is the Social Security claims process like?

 

A: The first step is to apply for Social Security benefits through the Social Security Administration. Do not become discouraged if the Social Security Administration denies your claim, as it is estimated that between 80% and 90% of all applications are denied initially. The next step in the process is to apply for a "reconsideration." After a few months, a decision will be reached on the Request for Reconsideration. If you are denied at this level, it is time to request a hearing before an Administrative Law Judge, and it is critical that you be represented by competent legal counsel.

The hearings are usually private, with only the judge, his or her assistant, a vocational expert, and your attorney present. The medical records obtained prior to your hearing will be entered into evidence, and you will be questioned by your attorney and the Administrative Law Judge. You should answer the questions to the best of your ability. After you testify, oftentimes the Administrative Law Judge will ask a vocational expert a series of hypothetical questions. Your attorney will have the opportunity to cross-examine the vocational expert.

The Administrative Law Judge generally does not render a decision at the hearing. Between two and three months after the hearing, sometimes longer, the Administrative Law Judge will send you and your attorney a written decision. It is always a good idea to contact your attorney after receiving a written decision in your case.


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