The first step in obtaining disability benefits is to file an application. The application asks for information about the claimant's disabling conditions and treatment history, as well as his or her educational background and work history. The initial decision on the application is made by a claims representative at the Disability Determination Services ("DDS") Office. The representative is suppposed to secure evidence from the treating sources identified in the claimant's application (although typically only a fraction of the relevant records are actually obtained), and also arranges for a "consultative examination" by a physician employed for that purpose by the Social Security Adminstration. On the basis of this evidence, a decision is made as to whether the claimant is disabled under Social Security regulations.
Nationally about 75 percent of all applicants are denied initially. Applicants have 60 days from the date of receipt of the denial letter to appeal the unfavorable decision. Although in most other states the first appeal level is a "reconsideration" by the DDS, claimants in New York appeal directly to an administrative law judge. Nonetheless, the average waiting time for a hearing in the New York metropolitan area is approximately 18 months or more. For the vast majority of our clients, the process of obtaining disability benefits takes more than two years.
Volunteer lawyers are generally assigned to represent clients who have already received a hearing date. In most cases, the volunteer will have three weeks to a month to prepare for the hearing.