Initial and Reconsideration Determinations

If you’re thinking about applying for Social Security disability benefits, you should know how the Social Security Administration will decide whether you are “disabled” and hence qualified to receive disability benefits. Here, a Florida disability attorney will explain to you the first two steps of the process.

You can file a Social Security disability claim (but not an SSI disability claim) on the Internet at www.socialsecurity.gov/applyfordisability/. If you prefer to talk to someone on the phone, you can instead call the Social Security Administration’s toll-free number at 1-800-772-1213, where a staff member will help you make either a telephone or in-person appointment with a Social Security representative.

You may decide to go to your local Social Security office to complete the application in person, or you may make a telephone appointment with a Social Security Administration claims representative. Either way, you will be asked to provide some basic information that will be entered into a computer application form that will be printed out. If you’re doing a telephone interview, this printed form, as well as other forms, will be mailed to you so you can sign it. A lawyer may not sign the application, either on paper of via “electronic signature,” for you unless a court has appointed him or her to do so.

At the initial and reconsideration levels, the Social Security Administration does not make any medical determinations of disability. This is actually done by a state government agency that has been hired by the Social Security Administration. The state agency usually utilizes a medical doctor and a disability examiner to evaluate your claim; the Social Security Administration will then adopt their determinations.

If Social Security has denied benefits at the initial stage, you may appeal. The first level of appeal is known as the reconsideration determination. In this stage, a different team will make the determination; however, you’ll probably have the same results. Only a few reconsideration determinations result in a finding of disability and an award of disability benefits. You’ll probably have to go on to the next step, which is a hearing before the administrative law judge (ALJ).

If you’ve been denied Social Security benefits, experienced Florida disability attorney Garry Miracle may be able to help you. Simply fill out the form on this page to get a free and confidential initial consultation.