If you are trying to receive benefits under SSDI, it is important to know how the entire process works or to seek the help of someone who does. Filing a claim can be an overwhelming and confusing process for unprepared or unrepresented claimants, and in Georgia, many applicants have their initial application denied. Fortunately, an experienced lawyer could help you with each step of the SSDI application process in Marietta, from collecting the proper information and filling an initial claim to protecting your best interests through any necessary appeals. Contact a skilled SSDI lawyer and schedule an appointment to start discussing your legal options.
Before filing their claim, each applicant must gather the necessary information and materials in order to prepare a complete application. These materials may include tax records, employment history, prescription records, and any necessary medical history. The specifics of each SSDI application can quickly become confusing, however, and applicants in Marietta looking to file a thorough claim could benefit from working with a hardworking attorney.
Once they gather the necessary information, there are several ways for someone to apply for SSDI in Marietta. Often, claimants elect to submit an application online through the Social Security Administration’s website. Alternatively, they can apply via telephone, or in person at a local Social Security office.
Applications in Marietta that pass this stage, however, are sent to the Georgia Disability Adjudication Services. This agency evaluates the applicant’s condition to determine whether they meet the medical and legal requirements for SSDI. Once GDAS makes an initial decision, it sends a Notice of Determination to the applicant.
If an applicant’s claim is initially denied, they have a right to have their case reconsidered. To do this, they need to file a formal “Request for Reconsideration” within 60 days of receiving the Notice of Determination on the initial claim.
Unfortunately, chances of success at this stage are not usually much better, since the claim simply goes back to the agency that initially denied it. Although a different examiner will review the case, they may reach the same conclusion as the initial examiner.
Fortunately, if Social Security further denies this Request for Reconsideration, the claimant can appeal their case to a hearing. To do this, the claimant must file their request for a hearing within 60 days of receiving their notice of reconsideration.
Unlike the previous review, this is a hearing that takes place before an Administrative Law Judge (ALJ). After this hearing, the ALJ will mail a written decision to the claimant and representative, usually 60-90 days after the hearing. This time varies greatly dependent upon any post-hearing activity or review.
If the ALJ makes an unfavorable decision and denies the claim, the next option that the applicant has is to file a request for review of the ALJ’s decision with the Social Security Appeals Council. As with the other steps, there is a 60-day deadline for filing this request.
If the Council once again denies the claim, the final option for review is to file a lawsuit in federal District Court. Such a lawsuit must be filed in the appropriate court within 60 days of receiving notice of the Appeals Council’s decision. Regardless of the factors involved in a person’s case, they should consult with a knowledgeable attorney who understands the complicated SSDI application process in Marietta.
If you are considering an application for benefits under SSDI, it is important to know each step of the application process. Because so many initial claims are denied, a strong and convincing case could make the difference between an accepted claim and a lengthy appeals process.
Seeking the aid of a seasoned SSDI lawyer could help to successfully file a claim. To learn more information about the SSDI application process in Marietta and how a dedicated attorney could help you through it, call today.
Contact The Khaki Law Firm Today
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
We are ready to help you, and offer multiple ways to reach us.