The Social Security Disability Claim Process

Applying for Social Security Disability is not a single appointment. Your claim moves through a series of steps: you apply, Social Security makes a first decision, and if that decision is no, you can appeal — first on paper, then at a hearing, and sometimes further. You may not need every step. Missing a deadline can stop the claim unless Social Security finds a good reason to give you more time.

You do not have to do this alone. Brock & Stout can represent you from the first application, after a denial, or when a hearing is coming up. We represent Social Security Disability claimants nationwide. On these claims there is no attorney fee unless we win. Request a free disability case evaluation.

Helpful Social Security pages: Apply for disability benefits (opens in a new tab) · How Social Security decides a claim (opens in a new tab) · Appeal a decision (opens in a new tab) · Your right to question the decision (opens in a new tab).

1. Application

You can apply for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or disabled adult child benefits online, by phone, or at a local Social Security office (call first for an appointment). The local office checks things like work history, income, and identity, then sends your medical file to the state Disability Determination Services (DDS).

Gather the names of your doctors, your medications, your work history, and a plain description of what you cannot do most days. Naming a diagnosis is not the same as applying. Our Social Security checklist can help you get organized. You can also browse our disability conditions guides.

How we help. We can file with you, collect medical records, and make sure the application shows how your condition limits work — not just the name of the condition. Social Security allows a representative (opens in a new tab) from this first filing. You do not have to wait for a denial to call us.

2. Initial decision

DDS reviews your medical records and decides whether you meet Social Security’s disability rules. They usually start with your own doctors. If records are missing, they may schedule a medical exam that Social Security pays for. If you cannot go, tell them right away so they do not decide without you.

You will get a written notice. A first “no” is common. It is not the end of the claim, and it is not a finding that you can never receive benefits. The next step is an appeal — not starting over with a new diagnosis.

How we help. We follow up on records, help you keep exam appointments, and review the written decision with you so you know what to do next and when the appeal clock starts.

3. Reconsideration

If you disagree with the first decision, the first appeal is reconsideration: another person reviews the file. You generally have 60 days from the date you receive the letter. Social Security assumes you received it five days after the date on the letter unless you show otherwise. Ask in writing. SSA’s appeal page (opens in a new tab) walks through how to start.

This is still a paper review — you usually do not appear in person. New medical records and a clearer picture of what you cannot do day to day often matter more than repeating the same diagnosis. If reconsideration is also no, the next request is a hearing.

How we help. We file the appeal on time, add missing records, and explain your limits in everyday work terms — standing, lifting, concentration, and attendance — not just a list of diagnoses.

4. Hearing

If reconsideration is also no, you can ask for a hearing with a judge who did not decide the earlier steps. You generally have 60 days from the date you receive the reconsideration notice. Hearings can be in person, by phone, or by video when Social Security offers those options. SSA’s hearing process page (opens in a new tab) explains what to expect.

You and your representative can review the file and send in new evidence. Evidence is generally due no later than five business days before the hearing. The judge may ask you questions and may hear from medical or vocational experts. A hearing date is not an approval. This is the stage many people mean by “appeals.” It is still the same claim.

How we help. We prepare you for the questions, get evidence in on time, and present how your condition affects work on a regular basis — including what you can and cannot still do.

5. Appeals Council

If you disagree with the judge’s decision, you can ask the Appeals Council to review it, generally within 60 days of receiving the hearing decision. The Council looks at every request. It may leave the decision in place, issue its own decision, or send the case back to a judge. New evidence is harder to add at this level than it was at the hearing.

How we help. We review the hearing decision with you, file the request on time, and explain what the Council can and cannot do — including when court may be the next option.

6. Federal court

If the Appeals Council does not change the result, you may be able to take the case to U.S. District Court. That is a review of the existing Social Security file, not a new application. Deadlines are short.

How we help. If this step is on the table, we will talk with you about what it means and whether it makes sense in your case. We do not promise a result.

Deadlines to watch

• Appeal windows are generally 60 days from the date you receive the notice. Social Security usually counts five extra days for mail. If you need more time, ask in writing and explain why.
• Send new medical records as soon as you can. Hearing deadlines are stricter than the first decision.
• You can have a representative at every step, including the first application. Social Security must generally approve attorney fees.
• If you already receive benefits and Social Security later reviews your case, that is a different process with shorter deadlines than a first-time denial.

Common questions

Request a free disability case evaluation · Do you qualify for benefits? · Appeals process article · What happens at a hearing

This page is general educational information about Social Security Disability as of the date of this publication. It is not legal or medical advice, does not create an attorney-client relationship, and does not guarantee results. Eligibility depends on individual facts and current Social Security rules.