SSDI Determination Process

Written By:
Jessie Paluch
Jessie Paluch

Attorney Jessie Paluch, founder of TruLaw, has over 25 years of experience as a personal injury and mass tort attorney, and previously worked as an international tax attorney at Deloitte. Jessie collaborates with attorneys nationwide — enabling her to share reliable, up-to-date legal information with our readers.

This article has been written and reviewed for legal accuracy and clarity by the team of writers and legal experts at TruLaw and is as accurate as possible. This content should not be taken as legal advice from an attorney. If you would like to learn more about our owner and experienced injury lawyer, Jessie Paluch, you can do so here.

TruLaw does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us by using the chat on the bottom of this page. This article should not be taken as advice from an attorney.

Key takeaways:

  • The SSDI determination process, managed by the SSA, involves several review stages: initial application, reconsideration, ALJ hearing, and Appeals Council and Federal Court review.
  • Disability Determination Services (DDS), a state agency, assesses SSDI eligibility by reviewing medical evidence with medical or psychological consultants, making decisions based on the applicant's medical condition, work history, and ability to engage in substantial gainful activity (SGA).
  • Applicants denied SSDI benefits can appeal the decision through reconsideration, ALJ hearings, and higher reviews. Seeking legal support, such as from TruLaw, can help you appeal a denied claim.

Overview of the SSDI Determination Process

The Social Security Administration (SSA) uses a 5-step process to determine whether an individual is disabled and eligible for Social Security Disability Insurance (SSDI) benefits.

This process involves evaluating both medical and non-medical criteria to assess the applicant’s ability to work.

On this page, we’ll provide an overview of the SSDI determination process, types of benefits decided by Disability Determination Services (DDS), stages of the disability determination process, and much more.

SSDI Determination Process

How Does the SSA Determine Disability?

The SSA determines disability by assessing whether an individual has a medical condition that significantly limits their ability to perform basic work activities.

This assessment involves a thorough review of medical evidence and documentation, as well as an evaluation of the individual’s residual functional capacity (RFC) to perform any substantial gainful activity (SGA).

The following key factors are considered in the SSDI determination process:

  • Medical Evidence: The SSA requires comprehensive medical documentation to support the disability claim, including diagnoses, treatment plans, and opinions from licensed physicians.
  • Substantial Gainful Activity (SGA): The SSA assesses whether the applicant is engaging in SGA, defined as earning more than $1,550 per month in 2024 for non-blind individuals and $2,590 per month for blind individuals.
  • Residual Functional Capacity (RFC): The SSA evaluates the applicant’s RFC to determine their ability to perform past relevant work or any other work in the national economy.

If you or a loved one is seeking SSDI benefits, understanding the determination process can be beneficial.

Contact TruLaw using the chat on this page to receive an instant case evaluation that can determine your eligibility to join others in filing for SSDI benefits today.

Table of Contents

Stages of the Disability Determination Process

Familiarizing yourself with the different stages of the SSDI determination process is important, as each phase requires specific information and has particular timelines.

Below is a breakdown of each stage and what applicants should expect.

Initial Application Review

The SSDI application process begins when you submit your application to the Social Security Administration (SSA), either online, by phone, or at a local field office.

This stage involves collecting personal details, work history, and medical records.

The primary purpose of the initial review is to determine if the applicant meets the basic SSDI criteria.

During this stage, the key requirements and actions include:

  • Applicants must demonstrate a medically determinable impairment that prevents them from performing their past relevant work or any other type of work.
  • The SSA checks if the applicant has earned enough work credits based on their employment history.
  • DDS reviews the medical evidence provided, such as doctor’s reports, imaging studies, and lab results.
  • If the medical evidence is insufficient, DDS may request additional records or send the applicant for a consultative examination.

Many applications are denied at this stage, but denials can be appealed, which brings applicants to the reconsideration phase.

Reconsideration Phase

If the initial SSDI application is denied, applicants have the right to request reconsideration.

This phase entails a thorough review of the application by a different examiner at DDS.

The reconsideration focuses on whether the initial decision was correct and whether any new information affects the outcome.

Key steps involved during the reconsideration phase include:

  • Applicants can submit updated medical records or additional information during this phase.
  • A new application is not required for reconsideration; the original case is reopened for further review.
  • DDS may consult with additional medical experts to ensure all relevant evidence has been reviewed.

Like the initial review, the reconsideration phase frequently results in denials.

If denied again, applicants can request a hearing with an administrative law judge (ALJ).

Hearing with an Administrative Law Judge (ALJ)

The ALJ hearing is a key step in the SSDI determination process.

During this phase, an independent judge reviews the case and listens to testimony from the applicant and, in some instances, medical or vocational experts.

The hearing provides applicants with an opportunity to explain their limitations and present any new evidence that may support their claim.

At this stage, some important considerations are:

  • Applicants may have legal representation during the ALJ hearing.
  • The judge evaluates whether the applicant’s impairments meet the SSA’s criteria for a medically determinable impairment and whether those impairments prevent them from engaging in substantial gainful activity.
  • In many cases, the ALJ may consult a medical or psychological consultant to clarify the severity of the applicant’s condition.
  • Applicants can present new documentation, including updated medical records and reports from treating physicians.

While many applicants are approved at the ALJ stage, decisions can take several months.

If denied, applicants can still pursue further review through the Appeals Council.

Appeals Council and Federal Court Review

If the ALJ denies an SSDI claim, the applicant may request a review by the Social Security Appeals Council.

The Council examines whether the ALJ followed proper procedures and correctly applied the law.

While the Appeals Council may uphold or reverse the ALJ’s decision, it can also remand the case for another hearing.

Key aspects of the Appeals Council and Federal Court Review process include:

  • The Appeals Council does not conduct a new hearing but instead reviews the case file and the ALJ’s decision.
  • If the Appeals Council upholds the denial, applicants can take their case to federal court.
  • Appeals to federal court focus on errors in applying the law, rather than disputing the facts of the case.

Although the federal court process can take significant time, it represents an important final opportunity for those seeking a favorable outcome.

Throughout this process, legal support can help applicants navigate the SSDI system and ensure that their claims are well-prepared.

Types of Benefits Decided by Disability Determination Services (DDS)

Once an applicant is approved for SSDI, Disability Determination Services (DDS) decides the type and duration of benefits, depending on the applicant’s condition, prognosis, and the supporting medical evidence provided.

Determining Short-term SSDI Benefits

Short-term benefits are typically awarded to individuals whose disabilities are expected to improve.

DDS regularly reviews these cases to evaluate whether the individual’s medical condition has improved enough to allow them to return to work.

Important factors to note about short-term SSDI benefits include:

  • Short-term benefits are for those with temporary disabilities that prevent them from working for a limited time.
  • DDS conducts periodic medical reviews to assess continued eligibility for benefits.
  • Benefits may be adjusted based on the applicant’s medical progress or work ability.

The primary purpose of these reviews is to assess if the individual can return to work or if further benefits are necessary.

Determining Long-term SSDI Benefits

Long-term SSDI benefits are provided to individuals with conditions that are expected to last indefinitely.

These benefits continue as long as the applicant is unable to work and meets the SSA’s eligibility requirements.

Key aspects of long-term SSDI benefits include:

  • Long-term SSDI benefits are awarded for severe or permanent disabilities that are expected to end in death.
  • DDS may perform occasional medical reviews to ensure the condition still qualifies the individual for SSDI.
  • Applicants with permanent impairments may receive benefits for life, provided they continue to meet SSA criteria.

The amount of SSDI benefits is determined by the applicant’s prior work history and earnings, with a maximum monthly benefit set by the SSA.

TruLaw — Your Trusted Resource for Social Security Disability Benefits (SSDI)

Managing the SSDI determination process can be overwhelming, especially given the number of legal and medical details involved.

Whether you’re submitting your initial application, appealing a denial, or preparing for a hearing with an administrative law judge, TruLaw offers professional guidance and support at every stage.

Our team is experienced in disability determination and can help you gather the necessary medical evidence to support your claim.

At TruLaw, we focus on providing clients with comprehensive assistance throughout the entire social security disability process.

From completing applications to representing clients in hearings, we are dedicated to ensuring that you receive the disability benefits to which you are entitled.

We also assist with supplemental security income, a program designed to help individuals with limited income who are disabled, blind, or aged 65 and older.

The application for social security disability benefits requires a detailed understanding of SSA requirements and substantial documentation.

Our legal team has extensive experience with social security disability programs, ensuring that your case is handled with care and attention.

Should your application be denied, we will guide you through each level of the appeals process, providing representation at hearings and beyond if needed.

Trust TruLaw to assist you in securing your social security disability benefits.

We are committed to helping you obtain the support you need, ensuring your claim is handled with precision and care.

By partnering with TruLaw, you can improve your chances of a successful disability determination.

Contact us today to schedule a consultation and find out how we can help you obtain the benefits you need to support yourself and your family.

Frequently Asked Questions

  • What is the disability determination service process?

    The SSDI determination process involves several steps of review managed by the Social Security Administration (SSA) to ensure only individuals who meet specific medical and legal criteria receive benefits.

    The process begins with an evaluation of the applicant’s medical condition, work history, and how these factors impact their ability to engage in substantial gainful activity (SGA).

  • What role does Disability Determination Services (DDS) play in the SSDI process?

    Disability Determination Services (DDS) is a state agency responsible for reviewing medical information and other evidence to assess eligibility for Social Security Disability.

    DDS works with medical or psychological consultants to ensure claims are thoroughly reviewed and decisions are based on adequate medical evidence.

  • What are the stages of the SSDI determination process?

    The stages of the SSDI determination process include the initial application review, reconsideration phase, hearing with an administrative law judge (ALJ), and Appeals Council and Federal Court review.

    Familiarizing yourself with each stage is important, as they require specific information and have particular timelines.

  • What types of benefits are offered by Disability Determination Services (DDS)?

    Disability Determination Services (DDS) offers both short-term and long-term SSDI benefits, depending on the applicant’s condition, prognosis, and sufficient medical evidence.

    Short-term benefits are for temporary disabilities, while long-term benefits are provided to individuals with conditions expected to last indefinitely.

  • How can TruLaw assist with the SSDI determination process?

    TruLaw offers professional guidance and support at every stage of the SSDI determination process, from completing applications to representing clients in hearings.

    Their experienced legal team focuses on providing comprehensive assistance to ensure clients receive the disability benefits they are entitled to.

  • What should I do if my SSDI application is denied?

    If your SSDI application is denied, you have the right to request reconsideration, which involves a thorough review of your application by a different examiner at DDS.

    If denied again, you can request a hearing with an administrative law judge (ALJ) and, if necessary, pursue further review through the Appeals Council and Federal Court.

Written By:
Jessie Paluch
Jessie Paluch

Experienced Attorney & Legal SaaS CEO

With over 25 years of legal experience, Jessie is an Illinois lawyer, a CPA, and a mother of three.  She spent the first decade of her career working as an international tax attorney at Deloitte.

In 2009, Jessie co-founded her own law firm with her husband – which has scaled to over 30 employees since its conception.

In 2016, Jessie founded TruLaw, which allows her to collaborate with attorneys and legal experts across the United States on a daily basis. This hypervaluable network of experts is what enables her to share reliable legal information with her readers!

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