Generally speaking, most attorneys do not begin representation at the time of the Initial Application. However, obtaining an attorney at this level may be warranted in certain circumstances. Some individuals need representation at the initial application level because their impairments prevent them from being physically or mentally able to follow through with responding to the Social Security Administration in a timely manner. More and more clients are requesting representation at the initial application stage for this reason.

Minnesota Disability Benefits Application Process:

1. Initial Application Level:   The Social Security Administration provides a checklist on their website, that lists the information you will need to complete your Initial Application for Disability Benefits and the accompanying Disability Report. For example, you will need your W-2 form from last year, social security numbers for your spouse and minor children (if applicable), and so on.

You may complete an Application for Disability Benefits by phone, in person, or online. To complete the application by phone or in person, call your local Social Security Office. To complete the application online, go to Social Security Online. After you have completed the initial application, the Social Security Administration will begin to order your medical records and the Disability Examiner who will make the initial determination will review those records.

The majority of Applications will be denied at the Initial Application level. After you are denied, you have 60 days to Appeal for Reconsideration, also known as the Reconsideration Level.

2. Reconsideration Level:   The Reconsideration Level requires completion of two forms: (1) the Request for Reconsideration and (2) the Disability Report. First, complete the Request for Reconsideration Form and mail the request to your local Social Security Office. Second, complete the Disability Report on paper or online. To complete the Disability Report on paper, complete the Disability Report form and mail the form to your local Social Security Office. To complete the Disability Report online, go to Social Security Online, and click on the gray “Start the Appeal” button.

The Social Security Office prefers that you complete the Disability Report online. More importantly, your Request for Reconsideration will be answered more quickly if you complete the Disability Report online.

Once you have completed the Request for Reconsideration and Disability Report, a Disability Examiner will review your file and make a determination. Again, the majority of the cases are denied at the Reconsideration Level. After you are denied, you have another 60 days to Request a Hearing before a Administrative Law Judge.

3. Hearing Level:   The Hearing Level is where you should obtain a social security disability lawyer. At this point your medical records should be updated and your case should be extensively evaluated to obtain further evidence of disability.

The Hearing Level requires completion of two forms: (1) the Request for Hearing before an Administrative Law Judge and (2) the Disability Report Appeal. First, complete the Request for Hearing before an Administrative Law Judge Form and mail the request to your local Social Security Office. Second, complete the Disability Report Appeal on paper or online. To complete the Disability Report Appeal on paper, complete the Disability Report Appeal form and mail the form to your local Social Security Office. To complete the Disability Report online, go to Social Security Online, and click on the gray “Start the Appeal” button.

Again, the Social Security Office prefers that you complete the Disability Report Appeal online. More importantly, your Request for Hearing before an Administration Law Judge will be answered more quickly if you complete the Disability Report online.

Once a hearing is requested, it will take approximately 18 months to have your hearing. However, the Social Security Administration has been taking some aggressive steps to shorten this time period. Also, there are a few situations in which the time period may be shortened.