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Claims Process: Filing a Claim & the Initial Determination

SOCIAL SECURITY CLAIMS PROCESS: FILING A CLAIM FOR INITIAL DETERMINATION

If you become disabled and expect the disability to last at least twelve months, you may be able to claim Social Security disability benefits. New York Social Security disability attorney Richard R. Rowe can guide you in filing your claim. Mr. Rowe has nearly 20 years of experience working on Social Security disability cases. He can provide you with knowledgeable, personalized service to advocate for your benefits. Call us today to discuss your case.

FILING A SOCIAL SECURITY DISABILITY CLAIM

The process to file a Social Security disability claim can be complex. An important step you can take before filing is to meet with Mr. Rowe for a consultation. Once it is determined that a claim should be filed, he will work with you to prepare the claim with Social Security Administration (Administration).

A Social Security disability claim can be filed online or by paper application. There are three forms that must be completed. Each requires substantial information to prove you qualify for benefits. They are:
  • Application (Form SSA-16), where you provide the Administration with basic information such as your name, alleged disabling condition and when it began. You should also include family information, since your dependents may also qualify for benefits if your claim is approved.
  • Disability Report (Form SSA-3368), where you provide your education, work experience and medical history. You should include a list of medications and contact information for any doctors or hospitals that treated you for your alleged disability. Avoid listing treatment for non-disabling conditions, since this information is irrelevant and can delay the process of your claim.
  • Work History Report (Form SSA-3369), which tells the Administration what kind of work you did before your alleged disabling condition. You must show the Administration that you cannot perform your past relevant work. This includes work you performed for at least six months in the 15 years before you became disabled.
Once these forms are completed, they are submitted to the Administration’s local office. The office will then begin the process of reviewing your application, which involves review by both federal and state agencies.

FILING A SOCIAL SECURITY DISABILITY CLAIM

Your claim is reviewed by both a federal and a state agency. The Administration is a federal government agency. Once it receives your application, the Administration’s local office will also send the application to the state agency that performs Social Security and Medicaid eligibility evaluations. In New York, that agency is the New York State Office of Disability Adjudication and Review.

The state office will perform the medical evaluation on your case. It will likely send you to be examined by one or more of its doctors. Once you begin to receive correspondence from the state, you should contact Mr. Rowe, who will advise you on what to do with regard to each letter/form.
After several months – usually between 4-5 months – you will receive either a denial or, in some cases, a check from the U.S. Treasury. The check comes with no explanation. A Notice of Award is usually sent to you after you receive your first check. A claim can be considered successful only after you receive a Notice of Award and explanation of the payment you have received.
If you receive a denial and wish to continue pursuing benefits, then you must appeal by requesting a hearing.

FILING A SOCIAL SECURITY DISABILITY CLAIM

New York Social Security disability attorney Richard R. Rowe can help you claim Social Security disability benefits. Mr. Rowe has years of experience representing clients in their Social Security disability cases. He can provide your case with the individual attention and tenacious advocacy it deserves. Call us today at (631) 285-6500 or reach us online for a free consultation.

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