STAGE ONE: INITIAL APPLICATION
A claim is filed for Social Security disability benefits at the local Social Security District Office. The application can be initiated over the phone, by walking into a local Social Security District Office, or online.
Decisions at this stage typically take 3-4 months. In Indiana, about 70% of initial claims are denied.
STAGE TWO: RECONSIDERATION
If the initial application is denied, the claimant has 60 days from the date on the letter to file a Request for Reconsideration.
Decisions at this stage typically take 6-8 weeks. In Indiana about 93% of Reconsiderations are denied.
STAGE THREE: HEARING
If the Request for Reconsideration is denied, the claimant has 60 days from the date on the letter to file a Request for Hearing by Administrative Law Judge. At this point, an attorney experienced with Social Security cases can be helpful.
From the time a hearing is requested until the hearing is held has been taking about 18-21 months for cases handled through the Louisville, Kentucky hearings office; about 21-24 months for cases handled through the Cincinnati, Ohio hearings office; and 24-27 months for cases handled through the Indianapolis, Indiana hearings office. Your residence determines which Hearings Office handles your case.
Hearings are not held in a courtroom, but in a conference room. They are not open to the public. There is no jury and no cross examining attorney. Hearings typically last about 45 minutes.
Only rarely are decisions announced at the hearing. Decisions at this step typically are received anytime from a few weeks to a few months after the hearing. Nationally, the approval rate at this stage is over 50%.
STAGE FOUR:APPEALS COUNCIL
If the claim is approved by the Administrative Law Judge, the claimant will receive a Notice of Decision letter (either Fully Favorable or Partially Favorable). About 6-8 weeks later, a Notice of Award letter will be sent telling how much the claimant will receive in monthly benefits and how much the claimant is owed in back pay benefits.
If, however, the disability case is denied at the hearing level, the letter received from the Administrative Law Judge will be a Notice of Decision ? Unfavorable. The claimant has 60 days from the date on the letter to file a Request for Review of Hearing Decision/Order to the Social Security Administration Appeals Council.
STAGE FIVE:FEDERAL COURT
If the Appeals Council denies the appeal, the claimant has 60 days from the date on the letter to file suit in Federal District Court. Decisions at this stage typically take 6 months to 2 years. Nationally, about 75% are denied and 25% are sent back to the Administrative Law Judge for another decision. Only rarely does the Federal Court award benefits. Having an attorney at this stage is highly recommended.