The Process

Social Security Disability Process in Syracuse

Your Path Forward

You never wanted this: Health problems. Unable to work. Dealing with a complicated process for disability benefits. It’s hard to win back a sense of financial stability and independence. At Olinsky Law Group, our mission is to help you get there. You deserve benefits appropriate to your case. Start your claim by calling our office. We’ll manage your case with dignity and respect, keeping you prepared and informed about your progress. We’ll fight by your side every step of the way. Our firm is well equipped to handle your appeal. We have deep experience in every stage of appeals all the way to Federal Court.

Your Advantage

We have the expertise to navigate every stage of appeal on your behalf, whether it is within the Social Security Administration or in federal court.

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Your Phone Interview

When you make your first call to Olinsky Law Group, one of our experienced staff members will conduct a short interview with you. We’ll determine if you have a viable case.

Your Attorney

If we accept your case, you’ll get assigned a paralegal and an attorney. Your paralegal will be your main contact with our office. They’ll work with you throughout the process. They’ll help you with any questions you have.

Build Your Case

Your attorney at Olinsky Law Group will consult with you and explain the next step in appealing your benefits claim. We’ll build a thorough and strong case for the Social Security Administration. We’ll take that case to Federal Court if needed.

The Administration Level

The Social Security Administration (SSA) has thousands of rules governing disability benefits. Your application will ask for a lot of information about you:

  • Your work history
  • Your medical conditions
  • Your medical records

Your next level of appeal after a reconsideration is talking to an Administrative Law Judge.

This happens at an Office of Disability Adjudication and Review (ODAR). This is the only point in the process where you can meet a decision maker on your case face to face.

The hearings are fairly informal. The only people likely to be there are you, your attorney, the judge and a clerk. In some cases, the ALJ has a medical or vocational expert present or on the phone to testify at the hearing.

There is no opposing attorney representing the SSA. There’s no jury, or spectators.

During the hearing, you’ll testify about your medical condition and how your impairments prevent you from working full time. Your attorney will take testimony and present legal arguments on why you qualify. Statistics show your chances of winning benefits are better when you have an attorney.

Your next level of appeal after a reconsideration is talking to an Administrative Law Judge.

This happens at an Office of Disability Adjudication and Review (ODAR). This is the only point in the process where you can meet a decision maker on your case face to face.

The hearings are fairly informal. The only people likely to be there are you, your attorney, the judge and a clerk. In some cases, the ALJ has a medical or vocational expert present or on the phone to testify at the hearing.

There is no opposing attorney representing the SSA. There’s no jury, or spectators.

During the hearing, you’ll testify about your medical condition and how your impairments prevent you from working full time. Your attorney will take testimony and present legal arguments on why you qualify.

Statistics show your chances of winning benefits are better when you have an attorney.

If your claim goes to the Appeals Council, you’ve reached the final level of appeal that’s still handled by the Social Security Administration itself.

An Appeals Council review isn’t really designed to help you. It’s designed to help the SSA manage its program. Instead of focusing on the facts of your claim, the Appeals Council is checking how the Administrative Law Judges are applying the regulations that cover disability benefits.

Still, you may have to go to the Appeals Council level to keep your claim alive. And you must get an Appeals Council review before you can bring your case to Federal Court.

The Federal Level

When the Appeals Council denies your claim, your next step is the United States District Court. This is an area where Olinsky Law Group is highly experienced. Technically, what you’re doing at this level is suing the Commissioner of Social Security. A Federal Court judge will decide your case without a trial. Your lawyer will submit documents for the judge to review. And the U.S. Attorney’s Office will submit briefs for the Social Security Commissioner. If the federal judge denies your case, you can still appeal to the U.S. Circuit Court of Appeals and possibly all the way to the United States Supreme Court. A Social Security Disability case makes it all the way to the Supreme Court about once every three or four years.

Social Security Disability: Do I Qualify?

To qualify for Social Security Disability benefits, you have to meet several conditions:

  • You worked and paid into the Social Security system.
  • You’ve experienced a medical problem that prevents you from working.
  • Your health conditions also stop you from switching to another kind of work.
  • Your health problems are expected to last at least a year.