Completing Your Initial Application
You don't have to wait until you've actually been out of work for a full year to apply for Social Security Disability benefits. You can apply as soon as you become disabled. In fact, you can start the process by simply calling the Social Security office nearest you or online. This is the easy part. However, we advise you contact us first because Milam Law can help you from the very beginning and give you an even better chance to win early. You will even pay less in attorneys fees if you win early. Also, remember Social Security is not your advocate and the process is a legal one and anything you say or do can be used against you.
The hard part comes in trying to understand the SSA's forms and guidelines for submitting your claim - a fact evidenced by the large number of initial claims denied because of application mistakes, insufficient documentation or the poor presentation of evidence. Often, a key is reporting things directly and in the fewest number of words possible.
Milam Law is committed to helping disabled people in California's Central Valleys obtain the disability benefits they deserve. Simply put, we handle everything - from initial applications to disability appeals in federal court. For a free consultation with an experienced lawyer - call us directly at 877-840-3508 (toll free) or contact us online.
The Disability Appeals Process
Just because your SSD or SSI claim is denied at first, does not mean that you don't have a good claim. It is not the end of the story either. If you have been denied disability benefits by the SSA at the first step of the process, you have the right to appeal that decision. Sometimes it seems as Social Security wants you to give up; rarely do they contact you and encourage you to appeal, as we are advised by our clients. If you give up on a good case, you are only hurting yourself. About 34% win at the first step of the process; Milam Law greatly increases these odds.
I knew a gentleman who kept trying to go back to his job as a truck driver after getting denied by Social Security (3 times). He read the denials and listened when they said he could go back to work. Thereafter, his wife came to me for help. Unfortunately, his last heart attack after returning to work again per Social Security's denials led to his death. It is a horrible story which I don't want to be yours.
The second part of the process and the first appeal after the initial denial is to file what is known as a "Request for Reconsideration". It must be filed within 60 days (plus 5 mailing days) of the initial denial. Essentially, this step asks the SSA to have someone new look at your file and review the decision. Here, again, most claims are denied. In fact, the national statistics show that only about 13% win at this step annually, although our office statistics greatly surpass this rate.
The third step in the process, and the second appeal filed, appeal to an Administrative Law Judge, or Request for Hearing (ALJ). This represents the first real chance you have to win your claim, provided you're prepared. This is also where founding attorney Jeffrey Milam's experience as an advisor to these judges is especially valuable. For over seven years, he worked with judges at reviewing and developing thousands of claims, as well as drafting decisions and doing legal research for them.
If the ALJ denies your case after a hearing, the next step is to ask the Social Security Administration's Appeals Council, in Falls Church, Virginia, to review your file. This request may lead to the Appeals Council finding the ALJ decision was correct. They may decide the case and approve it themselves. Or, they may send it back down to the ALJ for further review. The attorney's job at this step is to draft a written argument for you saying why the decision written by the ALJ denying you benefits is legally wrong. Mr. Milam used to write these decisions for judges, so he has years of experience in dealing with the breaking down of the decisions, and briefing of arguments to show why the ALJ wrongly denied claimants like you. His percentage of remanded/reversed cases exceeds the national averages for these appeals.
After all the administrative appeal options have been exhausted - it is possible to file a lawsuit in federal district court. This is a difficult process for attorneys, most of whom do not file such appeals. The cases are appealed where there is merit to do so. Milam Law has recently added to the firm an experienced appellate attorney, Tim Wilborn, Esq., "of counsel". He is recognized as a leading Court attorney in Social Security matters and has won many Court cases, even one in the U.S. Supreme Court. He works with our attorneys to prepare our appeals for the Court.
