Erie County Government - Official website of the Erie County, NY Government
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Erie County Department of Social Services
Erie County Department of Social Services
Note: Although this web site is fully accessible to all browsers and internet devices, it has been designed to utilize current web standards, and therefore appears quite differently in browsers that do not support current web standards.
For more information on web standards and how to upgrade your browser please visit the Browser Upgrade Campaign at http://www.webstandards.org/upgrade/.
Banner Photo Credits: Photographs by the U.S. Census Bureau, Public Information Office (PIO).
More Information:
Legal Advocacy for the Disabled
SSI/SSD Application Process
The Social Security Administration provides benefits to persons who meet its definition of disability through their Supplemental Security Income [SSI] and Social Security Disability [SSD] programs.
The Social Security Administration develops and applies its own rules and regulations for disability determinations. The process begins with an application for benefits. Several documents are required, including:
- Reports detailing work history and doctors providing treatment
- Releases to obtain records
- Proof of birth or resident documentation
Patience is key:
Initial applications are often denied for various reasons such as: not enough work quarters, failure to co-operate or immigration status.
Level 1 Appeal:
A written request for a hearing with an administrative law judge is the first level of appeal. It can take up to one [2] years for a hearing to be scheduled. Typically, the administrative law judge will issue a decision two - six months after the hearing.
Level 2 Appeal:
The hearing decision is appealed by submitting a request for review to the Appeals Council.
Typically the Appeals Council issues decision within two months on current appeals. However, they have an existing backlog of appeals dating back more than two years.
Final Appeal:
If review is denied, or an otherwise unfavorable decision is issued by the Appeals Council, the federal courts must then be petitioned for appeal.
The Outcome:
The Social Security Disability process can be long and frustrating. Depending on the number and level of appeals filed, a final determination could take several years. Claimants often abandon the process and their claim, before their appeals are exhausted:
However – patience, persistence and adequate information are often the keys to a favorable decision.
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