Initial And Reconsideration Determinations

A Social Security Disability claim (but not a Social Security Insurance Disability, or SSDI, claim) can be completed on the internet. Claimants can also initiate their claims by telephoning a Social Security Administration (SSA) teleservice center at SSA’s toll-free number: 1-800-772-1213. Teleservice center staff will make an appointment for the claimant with an SSA representative from a local office.

If you prefer, an appointment can be made to go to a local Social Security office to complete an application in person, though most make a telephone appointment for an SSA claims representative to call back at an appointed hour. During the appointment, you will be asked basic information that will be entered into a computer application form that will be printed and, if it is a telephone interview, mailed to the claimant for a signature along with other forms to be completed and signed.

An application for benefits is one of the few forms in a disability case that may not be signed by a lawyer on your behalf, unless that lawyer is appointed to do so by a court. See 20 C.F.R. §§ 404.612 and 404.613. The prohibition on a lawyer signing an application for benefits on your behalf includes a prohibition against a lawyer “electronically signing” an application that is submitted over the internet, although a lawyer may assist in filing an application.

Who Determines Disability?

At the initial and reconsideration levels, the SSA does not make medical determinations of disability. Instead, claims are referred to an agency of the state government that has a contract with SSA for determining disability. At the state agency, usually a medical doctor and a layman, called a disability examiner, evaluate the claim, though SSA has been experimenting with pilot projects in which disability examiners make uncomplicated decisions on their own. The SSA then adopts the determinations at these two levels.

What If My Claim Is Denied?

If you are dissatisfied with the initial determination, you may appeal. In most states, including Florida, this appeal is a request for reconsideration.

If you request reconsideration, a different team than the one that issued the initial determination will make the reconsideration determination, but the result will probably be the same. Relatively few reconsideration determinations result in an award of benefits. See 20 C.F.R. §§ 404.907 et seq. regarding reconsideration. The next step is to request a hearing before an administrative law judge (ALJ).

Schedule A Free Consultation About Social Security Disability Benefits

Contact Smith, Feddeler & Smith, P.A., to schedule a complimentary consultation about your case. You can send an email to contact the firm or call 800-200-7546 toll-free.