When you file a claim for Social Security or Supplemental Security Income disability benefits, you become the party who has the burden of proof. You have to prove that you are disabled under Social Security rules in order to be eligible to receive disability benefits.

This is usually where the claimant ends up having the biggest problem in applying for disability benefits.

SSA (Social Security Administration) handles claims processing for both SSDI (Social Security Disability Income) and SSI (Supplemental Security Income), though the latter is a welfare program paid by the state and not by Social Security funds. When you apply for disability benefits through Social Security, they gather the evidence you have regarding your disabling illness or condition and then pass the information from the application process over to the Disability Determination Services (DDS) in order to determine whether or not, by the evidence available to them, you are disabled under SSA rules.

In the State of SC, DDS is administered through a section of the SC Department of Vocational Rehabilitation. Their job is to look through the information you provided, check your medical records, and determine if, by that information, you are disabled or not, pursuant to SSA rules. Sometimes, though not necessarily a requirement they do so, if they are not quite clear on whether or not your medical records indicate disability, they may schedule an appointment for you to go to an Independent Medical Examiner which may be able to help them clarify things some in order for DDS to make a determination.

If you have ample medical evidence proving your claim during the initial application level and showing that you qualify under SSA rules, then DDS will make a favorable determination regarding your claim. If not, then they will send you a denial letter. If you get the denial letter, you have 60 days from the date of the letter to submit the necessary forms to request an appeal, which is called a request for reconsideration.

During the Reconsideration stage, a completely different group of folks from DDS is supposed to review all the evidence and make their own determination, independet of the prior determination. If they make a favorable determination, then you will begin receiving disability benefits. If not, and you wish to continue with your claim, then you have 60 days to request a hearing.

Generally, it has been taking an average of 3 to 6 months for a determination to be made during the initial application process. If denied and you file for reconsideration, depending on when you request it, it can then take an additional 6 months or so for that determination to be made. If you are denied again and request a hearing, it then may take a bit longer for you to get your hearing date, since you basically take your turn and wait for your turn to come up.

If you have questions about the disability process and don't know who to turn to, and do not have someone representing you already, feel free to contact me through my contact page in my website here, or by calling me on the number listed in this website.