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Determination of disability claimYou may wonder who actually makes the medical determination in your disability claim. When you file your initial disability claim with the Social Security Administration your claim will be sent to the state agency responsible for making Social Security disability determinations. Once your disability claim is at the disability agency your determination will be made by a team of sorts, this team consists of disability examiners and physicians. The initial decision usually takes about ninety days to process to a medical decision. If your initial disability claim is a denial, what should you do? If you receive a disability denial, you should contact the Social Security Administration at your local office or call the Social Security toll free number to get your reconsideration appeal paperwork. You must return your reconsideration paperwork within the sixty-five day appeal period. Once your reconsideration is received it will be forwarded once again the state disability agency for a medical determination. However, it is unlikely your initial disability decision will be overturned at this level as only about fifteen percent of the initial medication decisions are reversed at this level. If you receive a reconsideration denial, you must once again contact Social Security to receive your hearings review paperwork, and this paperwork must also be returned within the sixty-five day appeal period. In many cases the hearing review is the best chance of a disability approval. Why? Your disability claim will be reviewed by an administrative law judge, who has more discretion in the decision making process, because administrative law judge is not bound by the strict rules and regulations that govern the initial and reconsideration levels of the Social Security disability process. For more information on: Social Security Disability and SSI Disability.
A few words about Elder Law
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