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Wisconsin Social Security Disability Claims Process

Injured Workers Bill of Rights: Click Here for More Information on This Topic

Types of Social Security

There are two types of Social Security:

  • Social Security Disability Insurance (SSDI) for disabled people with a significant work history
  • Supplemental Security Income (SSI) for disabled people who do NOT have a significant work history and have very limited income and assets

The Social Security claims process

The processes of applying for SSDI and SSI are much the same.

Initial Social Security Benefits Application: The disabled person must file for Social Security disability benefits himself or herself, documenting the nature and extent of the disability. The Social Security Administration (SSA) will send your case to the Wisconsin disability determination agency to gather additional information and make an initial ruling on your claim. Your case is then assigned to an adjudicator, who will investigate further and make a decision.

Appeal Deadlines: If your application for Social Security has been turned down, you generally have 60 days from the date you receive a notice from the Social Security Administration in which to make an appeal. An appeal after that time can be made only for very serious reasons.

A First Denial: If your initial application is denied, you may file a “Request for Reconsideration.” With this request, your file is sent back to the same Wisconsin disability determination agency, but to a different adjudicator who may approve your application or who may again deny your Social Security benefits claim.

A Second Denial: If your application has been denied again, that’s a good time to talk to the Social Security disability attorneys at The Previant Law Firm, S.C.. We will file a “Request for Hearing” before an administrative law judge.

A Hearing Before an Administrative Law Judge: An independent administrative law judge will review the case, responding to written arguments by your Social Security disability attorney or conducting a hearing. Vocational or medical experts may be called upon to help the administrative judge understand important aspects of your case before the judge issues a ruling.

An Appeal: If the administrative law judge denies your claim, two more opportunities exist for appeal. Your Social Security attorney can file a “Request for Review” with the Social Security Appeals Council. If that case is denied, we can appeal in the U.S. Court system.

The Social Security disability lawyers at The Previant Law Firm, S.C. help Wisconsin residents appeal unfair denials of benefits for SSDI. If you have been denied needed benefits, contact our Milwaukee law office to review your case with an experienced attorney.

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