Alabama has a somewhat streamlined disability process. First you apply either online, by telephone or at a Social Security office. An attorney or advocate can also help you apply.
Then, your case is assigned to the Disability Determination Service in Birmingham, a state agency under contract with Social Security. DDS will gather and evaluate your medical and vocational records and make the initial decision about whether you are disabled. Unfortunately, 70 percent of applications are denied.
The next stage is the appeal or hearing phase. You request a hearing before a US administrative law judge. This hearing gives you an opportunity to explain your disability, restrictions in performing work-related activities, and why you should be found disabled. The judge will make a new decision in your case. The odds are more favorable in this process, especially if you are represented.
It is extremely important not to give up. Most of the disability claims that are awarded are approved at the hearing level. What if you are also denied at the hearing?
After the hearing, the next level of appeal is to ask the Appeals Council, a group of judges in Falls Church, Virginia to review your case. The odds of getting an award at the Appeals Council are rather low. Sometimes the Council will remand a case back to an administrative law judge for further review or another hearing. They rarely make awards outright.
When the above appeals have run their course (taking probably a total of at least 3 years), the final resort is to seek a decision in the federal district court. The district court's decision can be appealed to the circuit courts.
Since your best chance of winning a disability award is at the hearing level, it is very important to prepare well for the hearing and put your best foot forward. An advocate trained in Social Security law will know what must be proven to win. He or she will also know how to prepare evidence and testimony that is most likely to prevail in the hearing. A good advocate will also understand how to answer adverse testimony, such as that given by a vocational expert.
The best way to win a Social Security disability case, then, is simply: file a correct, complete application; immediately appeal any unfavorable decision; use expert help to guide you through the complicated appeal process. Patience and persistence are required to win disability benefits. It can be done. Don't give up. Those who give up too soon will not get disability benefits.
