- Becker Law Office, S.C. does not handle initial applications. The claimant can contact their local Social Security Administration to file an application or they can file on line at www.ssa.gov
- If the claimant is denied initially, he/she can contact Becker Law Office, S.C. to schedule an appointment. The claimant will have 60 days, from the date of denial, to file an appeal. We recommend contacting our office immediately upon receiving the denial, if you would like assistance with your appeal.
- The first step in the appeal process is to file for reconsideration. Once the appeal is filed, it can take four to six months to receive a decision from the SSA. During the reconsideration appeal, the file is transferred to the Disablity Determination Bureau for review. The claimant may receive additional forms to complete. It is very important that these documents be completed and returned to the DDB. If you have questions regarding the forms, please call Becker Law Office, S.C. for assistance. Both the claimant, and our office will be notified by mail when SSA makes the reconsideration decision.
- If the claimant is denied at the reconsideration level, the next step in the appeal process is to request for a hearing with an Administrative Law Judge. If the claimant is represented by Becker Law Office, S.C., our staff will send the appeal documents to the client. Again, the appeal must be filed within 60 days from the date of the reconsideration denial. If the claimant has questions regarding the appeal forms, they can contact our office for assistance. It is the claimant's responsibility to return the appeal forms to our office by the 60 day deadline.
A small percentage of claims are approved at the reconsideration level. The approval process at this level is inconsistent, some claimant's may receive a payment before the decision or Award Letter. If the claimant is approved, contact Becker Law Office, S.C.
- Waiting for a hearing... It is currently taking 24-30 months, from the date the Request for Hearing is filed with the Social Security Administration, to get a hearing scheduled with an Administrative Law Judge. Unfortunately, the wait period for a hearing is not controlled by the claimant or by Becker Law Office, S.C. There is an extreme backlog of cases at the Office of Disability Adjudication and Review. During the waiting period for a hearing, the claimant should contact Becker Law Office, S.C. with any changes in their medical or personal situation.
- The Office of Disability Adjudication and Review will contact our office to schedule the hearing. We only receive a 20-30 day notice of the hearing. We will send a letter to the claimant with the hearing information. In addition, a pre-hearing appointment will be scheduled with the attorney. The team at Becker Law Office, S.C. will complete a full review of the claimant's file before the ALJ hearing.
- After the hearing is held, it can take 60-120 days for the Administrative Law Judge to issue the decision. Both the claimant, and Becker Law Office, S.C., will receive a decision in the mail at the same time.
- If the ALJ decision is "Favorable"... The claimant's file will be transferred to his/ her local Social Security Administration. The SSA may contact the client to update non-medical information. It can take 30-60 days for SSA to calculate the backpay and continuing benefits. They will issue an Award Letter explaining the benefits. If both SSI and SSDI are involved, the release of back pay for SSDI can be delayed up to six months.
- If the ALJ decision is "Unfavorable"... The claimant will need to schedule an appointment with his/ her attorney to discuss the decision. If the attorney feels an appeal is appropriate, we will have 60 days from the date of the ALJ unfavorable decision to file an appeal.
- In addition to filing an appeal to the Appeals Council, in some cases it may be advised that the claimant file a new application with their local Social Security Administration. Both an appeals council appeal, and a new application can be pending at the same time. It is the claimant’s responsibility to file the new application, and again, if he/ she is denied at the initial level, they can contact Becker Law Office, S.C. to schedule an appointment. Please be advised, the new application will not include the time period for the previous application. The earliest onset date that can be established in the new application is the date after the Administrative Law Judge’s unfavorable decision.
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