Applying for Social Security: The Process

So you’re ready to apply for social security, and you are wondering what you can expect. Applying for social security is a long process. The Tulsa, Oklahoma Social Security Lawyers at Kania Law can guide you through your application for social security disability or supplemental security income benefits.

Step One: The Initial Application

The first step in pursuing a Social Security claim is to apply to the Social Security Administration. Initial application includes a short explanation of the disability. It is possible to obtain a “protected filing” status by calling the Social Security office. The date of the phone call is used as the date of filing. The Social Security Administration follows up with a letter that verifies the date of the phone call. The Kania Law Office recommends that you call in to secure protected filing status. The majority of Social Security cases are dismissed from the initial application, as only the most obvious cases are accepted.

Step Two: Reconsideration

If you are denied social security benefits at the initial step, then you are eligible for reconsideration. Reconsideration involves the Social Security Administration taking a second look at the previous decision. It is helpful to have a lawyer from the Kania Law Office to guide you through the reconsideration process. Often cases that are denied at the initial step are denied again at reconsideration. Reconsideration might appear to be a redundancy, in light of the likelihood of the same result. This is an important step. Without denial at the reconsideration stage, you cannot proceed to a hearing.

Step Three: A Hearing before an Administrative Law Judge

The next step is a hearing before an Administrative Law Judge. The Administrative Law Judge’s job is to review the previously submitted paperwork, request new documentation as needed, and obtain testimony to determine the reality of disability. The Judge’s task is to make an impartial decision as to disability based on the facts presented. An attorney from the Kania Law Office will prepare you for your hearing before an Administrative Law Judge on your Social Security petition. Claimants receive a notice of decision after the hearing that grants or denies benefits. It is possible to receive a partially favorable decision, in which the claimant receives a partial grant of benefits.

Step Four: The Appeals Council

Both partially favorable and denied benefits are able to reach the Appeals Council. Your Tulsa, Oklahoma Social Security lawyer can help you in this process. The Appeals Council is the last step in the process under the Social Security Administration umbrella. Any decision presented by the Appeals Council is considered the final decision by the Commissioner of Social Security. The Appeals Council is composed of administrative judges who oversee decisions made in the hearing. If the claimant is denied by the Appeals Council, the next step is to appeal to the United States District Court.

Step Five: The United States District Court

Taking a social security case to the United States District Court is to challenge the Social Security Administration for not following the law in denying benefits to the claimant due to them under the law. This is a lawsuit in the federal court, but not one that involves a trial. The responsibility of the district court is to review the paperwork available to the Social Security Administration and decide if the administration made any legal or factual errors. In the event a legal error, the district court will remand, or send the case back to the Social Security Administration to correct the error. Representation by a Tulsa, Oklahoma social security lawyer will be helpful in the event that your petition reaches the United States District Court.

Step Six: The Circuit Court of Appeals

In the event that the District Court agrees with the decision that the Social Security Administration in the denial of benefits or the award of partially favorable benefits, the next option is to appeal the case to the Circuit Court of Appeals. The role of the Circuit Court is similar to that of the United States District Court. A Tulsa, Oklahoma social security attorney can help your case in the event that it reaches the Circuit Court of Appeals.

Step Seven: The United States Supreme Court

While it is possible to appeal the denied benefits to the Supreme Court, it is unlikely that a social security case will reach the Supreme Court of the United States. The Supreme Court would only hear a case that presented an important legal issue.

Ok, so the ultimate lesson culminates in one golden nugget of information: bureaucracy has added a whole lot of red tape to the social security application process. Yes, we that that this is unfortumate too. Give us a call, we’d be happy to talk to you about your social security question.