Mary Kay Hansen
Lincoln Disability Lawyer: Nebraska Social Security Disability Lawyer
An experienced Nebraska disability lawyer can help you obtain Social Security disability benefits. Call today for a free review of your claim.
Mary Kay Hansen Law & Mediation PC LLO
1045 Lincoln Mall #200
Lincoln NE 68501
Tel: 402 477-0230; 888 220-6862
Fax: 402 436-3031
Lincoln disability lawyer, Mary Kay Hansen, explains the Social Security disability application and appeals process
In my experience as a Nebraska disability lawyer, I have found that almost everyone, regardless of his or her circumstances, feels confused, frustrated and overwhelmed by the Social Security disability application and appeals process. This is not surprising. The large bureaucracy of the Social Security Administration does not lend itself to quick action or straightforward answers. At Mary Kay Hansen Law & Mediation, we take a different approach.
We are a small law firm that offers compassionate, personal service and attention. Our goal, in every case, is to provide answers and results, and to do so efficiently. This website is a first step toward that end. On this page, we have answered some common questions about the application and appeals process. In our Social Security library, below, and our educational videos, you will find more detailed information on a wide range of Social Security disability topics. If you don’t find what you are looking for here on our website, or if you would just like to talk to a knowledgeable person about your Social Security disability situation, please contact us.
Should I apply?
If you cannot work because of a serious physical or mental health condition (one that has lasted or is expected to last for 12 consecutive months or to result in your death), then you should apply for Social Security disability benefits.
How does the application and appeals process work?
In most cases, the process of obtaining Social Security disability benefits involves three steps: an initial application; a written appeal (request for reconsideration); and a hearing before an administrative law judge. You may file an application online (http://www.ssa.gov/applyfordisability/) or you may call the Social Security Administration (1-800-772-1213) and schedule an appointment to apply in person or over the phone. Regardless of the method you choose, you will need to provide the Social Security Administration with detailed information about your medical history, your employment history and your current medications.
If your initial application is denied, you have 65 days from the date of your denial letter to file a request for reconsideration. Similarly, if your request for reconsideration is denied, you have 65 days to request a hearing before an administrative law judge. As with the initial application, you may appeal online, by phone, or in person at a local Social Security office. Be prepared to explain how your situation has changed since your last communication with Social Security, and to provide updated medical information and a current medications list.
Should I appeal?
In most cases, the short answer to this question is “yes.†Nationally, as in Nebraska, the Social Security disability benefits process favors patience and persistence. Most initial applications for benefits (65%) are denied; the denial rate is even higher (85%) for requests for reconsideration. This is due, in part, to the fact that these first two stages of the process involve a paper-only review of your claim. That is, the Social Security decision-maker examines your application (or request for reconsideration), your medical records and other supporting documents, and renders a decision. Your chances of success improve greatly, however, if you pursue your claim to an administrative hearing. At the hearing, you get to speak directly to the person who will be deciding your claim. This is your opportunity to look him or her in the eye and explain how your disability impacts your daily life to such an extent that you are unable to work. Perhaps because of this face-to-face interaction, more than half of all applicants who pursue their claim to a hearing are awarded benefits.
Even if your claim is denied after an administrative hearing, you still have two additional avenues of appeal. You may appeal your claim to the Social Security Appeals Council and, ultimately, to federal court.
To learn more about the appeals process, read the series of articles listed under Your Disability Hearing. You might also find informative our free e-booklet, Appealing a Denial of Benefits, which provides practical tips and advice for handling this phase of the process.
Contact Lincoln disability lawyer, Mary Kay Hansen
As a Nebraska disability lawyer, I have been helping disabled individuals navigate the Social Security disability benefits application and appeals process for more than 25 years. If you would like to talk with me, please use the Free Claim Evaluation form on this page to tell me about your situation, or call or email me directly. Mary Kay Hansen Law & Mediation handles claims for Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI) benefits, disabled widow/widower benefits and child dependency benefits. In every case, we take care of the legal details so that you can focus on taking care of your health and your family.
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