Tennessee Social Security Disability
Social Security Disability Process
Federal law allows certain qualified people to obtain Social Security benefits in the event that they become disabled.
Social Security Disability benefits are available under two possible programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The process for receiving Social Security Disability benefits is a complex one, with several places along the way where a claimant can jeopardize his or her application by taking the wrong action.
At Terry, Terry, and Stapleton, we handle cases from the initial application stage through administrative hearings and federal court. We will properly prepare your application and the medical evidence of your disability. Whether your case falls under SSDI or SSD, our Social Security attorneys can help you get the disability benefits you deserve.
We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. Call us today at 1-800-518-3779 for help with your disability case.
For most disability applicants, the easiest method of filing a disability application is to contact the Social Security Administration office closest to where you live and inform them that you wish to apply for disability. The applicable program (SSDI or SSI) will be determined by the Social Security Administration office. An appointment is then scheduled for an interview, which may be conducted in person at the Social Security Administration office or over the phone.
After you apply for disability, your case is forwarded to a disability examiner based at the state Disability Determination Service (DDS) who gathers your medical records and along with a supervisor, a medical consultant, and a psychological consultant renders an approval or denial based on the Social Security Administration’s rules. Denials are common and you are allowed 60 days to appeal to the next level.
If you appeal, your case is sent back to DDS to be "reconsidered." If you are denied a second time, you have 60 days to appeal to the next level, which is a formal hearing. At this level, your case is sent to the local Office of Disability Adjudication and Review (formerly the Office of Hearings and Appeals), where the case is assigned to an Administrative Law Judge (ALJ) who will hear the case. If the ALJ’s decision is unfavorable, you have 60 days to appeal to the Appeals Council by filing a Request for Review.
The Appeals Council is an administrative appellate level that is made up of "administrative judges" who are not full ALJs. The Appeals Council may reverse the ALJ and issue a fully favorable decision, or may remand the case to the ALJ for further proceedings. In most cases, the Appeals Council issues a form letter denying the Request for Review and the ALJ's decision becomes the final decision. If the Request for Review is denied, you have 60 days to seek judicial review in Federal Court if the case merits that level of review. In most cases, the court upholds the decision.
At each level of the Social Security appeals process, the Administration considers the following steps to determine if a claimant is disabled:
- Is the claimant working/engaged in substantial gainful activity (SGA)?
- Does the claimant have a severe impairment?
- Does the claimant meet or equal a listing of medical conditions contained in the Social Security Regulations?
- Can the claimant perform his or her past relevant work?
- Can the claimant perform other work?
The majority of cases are decided at the last step. The Social Security Administration has the burden of showing that the claimant can perform other work in the economy.
If you have questions about applying for Social Security Disability, or if you feel that your application has been unfairly denied, contact the Tennessee Social Security Disability attorneys of Terry, Terry, and Stapleton at 1-800-518-3779 or via our online form. Based in Morristown and serving clients throughout East Tennessee, the legal team of Terry, Terry, and Stapleton has the knowledge and experience to help you.
