Overview of the SSA Disability Process
The first step in a Social Security Disability claim is to file an application. We will get information from you and put that information in the correct form to help complete your application. At this time, we will also get information about your disabilities and medical providers. Once completed and submitted to the Social Security Administration, your application will be reviewed by a medical professional and a case worker, both of whom work for the Social Security Administration. This team will decide whether to award you Social Security Disability benefits, or to deny you. It is very difficult to win at this stage, and most clients do not, so do not get disappointed.
If the Social Security Administration denies your claim after your initial application, you have the right to appeal. This appeal consists of essentially re-filing your application. The same information will be required again, and we will submit this paperwork for you. Your application will then be reviewed by another team at Social Security, again consisting of a medical professional and a case worker. As with the initial application, that team will decide whether to award you Social Security Disability Benefits, or to deny you. Since this is the same group of people reviewing your case, usually a majority of applicants are denied and required to go to step 3, especially those under the age of 50.
If you get denied at reconsideration (Step 2), you can request a hearing before an Administrative Law Judge (you might also hear them called an “ALJ”). Administrative Law Judges are Judges who work for the Social Security Administration. These ALJs only preside over Social Security Disability Cases (so no divorces or criminal prosecutions) and will give you the opportunity to present your claim in person. This is the first opportunity a Social Security Disability applicant has to plead their case face-to-face with a representative of the Social Security Administration. The ALJ will hear your case and make his own decision as to whether or not to award you Social Security Disability benefits. At this stage, one of our experienced attorneys will help best present your case in front of the Judge.
Step 4 is called the “Appeals Council.” The Appeals Council is a group of members who operate within the Social Security Administration and who will review your hearing and determine if the ALJ appropriately applied the regulations that govern Social Security Disability.
Yes, the ALJs have rules that they have to follow in deciding your case, and if they don’t follow those rules appropriately, they commit legal error, which is appealable. If you win your appeal at the Appeals Council, what you win is the right to go back and have another hearing (what we call a “remand”) with the ALJ. The ALJ will hear your case again, but this time he or she will hopefully correct the legal error they made during your first hearing, and correctly apply the regulations that they failed to apply at your first hearing.
The Appeals Council is the last and final level of your Social Security Disability claim that is handled within the Social Security Administration itself. If you do not like the Appeals Council’s decision regarding your benefits, you can bring your case to the Federal Court, which is outside of the Social Security Administration.
However, in order to bring your case to Federal Court, you must first get an Appeals Council Review. In other words, you must first complete Steps 1-4 before you can take your case to Federal Court.
If the Appeals Council denies your claim for Social Security Disability benefits, the next place to go is the United States District Court. At this point, a Federal Court Judge will decide whether to send your case back to the Social Security Administration. This Judge is a Federal Court Judge and is in no way affiliated with the Social Security Administration.
You do not get a trial by jury nor can you testify. We will write a brief for you. That is it.
If that Federal Judge denies you benefits, you can then appeal all the way up through the
U.S. Circuit Court of Appeals and potentially to the Supreme Court of the United States
(although it is possible to go all the way to the Supreme Court, it is very unlikely)
Frequently Asked Questions
Find quick answers to the most common questions.
Under the Social Security Act, disability is defined as the inability to perform any substantial gainful activity (SGA) due to a medically determinable physical or mental impartment that is expect to last at least twelve months or result in death. This means that your impairment must not only be severe enough to keep you from doing your past work, but other work in the national economy. If you can do less strenuous work, you may not be disabled as you can adjust to other work in the economy. To show that you are disabled, the Social Security Administration must have objective medical evidence, such as doctor records, test results, doctor statements, and hospital records.
Yes, an individual may work and still qualify for benefits. However, the amount of benefits an individual may be eligible for or may receive may decrease or stop entirely
depending on the earnings. There is a monthly earnings limit that you cannot exceed while receiving or applying for benefits. If you earn more than the SGA amount, your benefits will be reduced, your benefits may stop entirely or you will not be approved
for benefits.
Substantial Gainful Activity (SGA) is the level of work activity and earnings, defined by the Social Security Administration (SSA), that determines if an individual qualifies for Social Security disability benefits. In 2025, a person cannot earn more than $1,620 per month (for non-blind individuals) or $2,700 per month (for statutorily blind individuals) to be considered for disability benefits. Earning above this amount generally indicates that a person is able to perform work that is substantial (significant physical or mental activity) and gainful (for pay or profit), and would not be eligible for disability benefits.
Social Security provides disability primarily under two different categories – SSI and SSDI. What is the difference? The main difference is that SSDI (Social Security Disability Insurance) is an earned benefit based on work history and paying Social Security taxes, while SSI (Supplemental Security Income) is a needs-based program for those with limited income and resources who haven’t worked enough to qualify for SSDI. Both require a qualifying disability, but SSDI is funded by payroll taxes, whereas SSI is funded by general tax revenues and provides a basic income for essential needs.
You can be, but it’s not typical. Individuals are rarely approved at the initial application stage, with approval rates typically around 30-38%, and even fewer are approved at the reconsideration level, where approval rates can be as low as 12-16%. Most applications are denied at the initial and reconsideration stages, making a denial a common experience for applicants.
During a hearing, an administrative law judge (ALJ) will preside over the proceedings.
The Administrative Law Judge (ALJ) will swear you in and take your testimony. The administrative law judge, and your representative, will have reviewed your medical
records and will have some understanding as to what is impacting you from a medical standpoint, but your testimony will provide better insight and allow you to indicate how your impairments keep you from working. This will allow the Judge to better understand your situation and apply your facts to the law to determine if you are disabled under the Social Security Administration’s rules. During your hearing, you will be asked questions about your background, education, work history, and medical impairments. You will also
be asked about your activities of daily living and how your conditions impact you directly. The Judge and your representative may also question a medical expert and/or a vocational expert to provide opinions on your condition and your ability to work.
If you are denied at your hearing, you have the right to appeal to the Appeals Council of Social Security. You also have the right to file a new application. If we represented you at your hearing, we would look at the decision and determine whether we can assist you with an appeal based upon whether we believe the Judge made a legal error. Either way, you have 60 days to file an appeal after receiving the Notice of Decision, and it’s crucial to provide updated medical evidence or show the Administrative Law Judge (ALJ) made an error in their decision. Filing a new application allows you to submit new information and updated medical records to support your claim, especially if your condition has worsened.