Ask a Lawyer- Two Social Security Questions

I filed for my Social Security Disability and was denied.  Is there anything else I can do?  
Johnny T., Dora

Johnny, most people are denied on their initial application unless they have a terminal disease or they are very close to regular retirement age. The initial application is actually only the beginning of what can be a long process in some cases.

The following steps are further appeals that can be taken, but most cases are resolved at the Administrative Hearing Level.

1.             Initial Claim

2.             Reconsideration (not required in the State of Alabama)

3.             Administrative Hearing

4.             Review by the Appeals Council

5.             Federal District Court

6.             Federal Court of Circuit Appeals

7.             United States Supreme Court

It is imperative to have an attorney well acquainted with the process.

Some cases can actually go the United States Supreme Court.

I’ve heard it takes forever to get a hearing for Social Security Disability. Does it really take that long to get a hearing?  

Curtis L., Parrish

Initial denials are, unfortunately, what most disability claimants can expect to receive after they file a claim for benefits with the Social Security Administration.  Statistically (depending, to some extent, on where a disability claimant lives), initial claims have a denial rate of approximately 65 percent.  Once initially denied, a hearing must be requested within 60 days of the date of the denial letter. The average time from the hearing request date until a hearing is held for cases in the Birmingham hearing office is 15 months.  There is some variation around the country.  Amazingly, the national average reached almost 20 months in mid-2008.