More than 6 million people live in Georgia. Of those 6 million people, over 3% of them are receiving Social Security Disability benefits. Before applying for disability in Georgia, you must meet the Social Security Administration’s criteria for disability, income, and number of work credits.

On average, about 60% of claims for Social Security Disability in Georgia are denied by the Social Security Administration. If someone is denied, they must file a new petition requesting their application be reconsidered. Unfortunately, many of those requests are also denied. About 80% of the requests for reconsideration also receive a denial from the SSA.

Applying for Disability in Georgia

The Social Security Administration (SSA) determines what your disability benefits are, but in Georgia, a state agency known as the Disability Adjudication Services (DAS) handles the applications for disability. Your first step is to apply in person or by phone with the SSA. The SSA then turns your application over to the DAS.

The DAS uses guidelines and disability criteria established by the SSA to evaluate each application. An adjudicator and state medical consultant appointed by the DAS will review your application and any supporting evidence you have provided. If the DAS denies your application, you have the opportunity to appeal the decision using the DAS appeals process.

When you apply for disability benefits in Georgia, you must provide the following information with your application:

• Releases for any records that will be used to make the disability determination
• A description of the disability you’re applying to receive benefits for
• Detailed information about any medical treatments you’ve had to treat your condition
• Information about your past work experience and your education level
• Detailed information about your medications—prescription or non-prescription

Disability benefit applications in Georgia are processed through either the supplemental security income (SSI) or Social Security Disability Insurance (SSDI) pathways. SSDI is available to individuals who pay adequate social security taxes when they are in the workforce.

The Georgia Department of Human Resources (DHR) manages SSI benefits. Those benefits are available to applicants who have lower income or fewer assets. These applications must pass an asset and income test as part of the approval process. Your benefits depend on how many work credits you have gotten through working.

Documents You May Be Asked to Provide When Applying for Disability in Georgia

You will be asked to provide documentation to prove you are eligible to apply for disability benefits. Those documents may include the following:

• Your birth certificate
• Proof of U.S. citizenship or proof that you are a lawful alien if you weren’t born in the U.S.
• You will need your discharge papers if you had served in the military before 1968.
• W-2 forms or self-employment tax forms for the previous year
• Medical records you already have, such as doctors’ reports or test results
• Pay stubs, award letters, settlement agreements, or any other proof of temporary or permanent benefits such as workers’ compensation that you receive.

You may also be asked to supply other documentation, but these are the basic things you can expect to provide.

Who Can Apply for Disability in Georgia?

If you have determined that you think you need to file for disability in the state of Georgia, you need to meet specific eligibility requirements before you apply. You must meet the following criteria before you complete an online application for disability benefits:

• You must be 18 or older.
• You cannot currently be receiving Social Security benefits on your own record.
• You can’t work due to a long-term medical condition. Your condition must be expected to last a minimum of one year, or it must be determined that it could result in your death.
• You must not have applied and been denied benefits within the last 60 days. If you had a recent application denied for medical reasons, you could begin an Internet appeal to request the denial be reviewed.

How Long Before You Receive a Decision Regarding a Disability Application in Georgia?

Disability benefits can help alleviate some of the financial stress people dealing with long-term or permanent disabilities face. However, the truth is that many applicants for disability benefits must endure a disability hearing before an Administrative Law Judge before receiving benefits.

A disability hearing occurs after your application has been reviewed by the state adjudicator and denied. The adjudicator reviews your application, medical records, and other information you have supplied. Once they have reviewed all of your information, they decide based on how well your information meets the criteria established by the SSA.

If your application is initially denied, you may request a disability hearing. A hearing allows you to go before a judge and plead your case. The SSA will assign the case to an administrative law judge who will then consider the evidence you initially presented as a brand new case.

Once you’ve requested a disability hearing, it can take anywhere from 406 to 538 days to get the hearing you asked for in the state of Georgia. After your hearing date, it can take anywhere from 45-90 days to get the judge’s decision.

The SSA’s Office of Disability and Adjudication Review (ODAR) manages the disability hearings in Georgia. There are several ODAR offices in Georgia, and the one that is in charge of managing your case depends on where in the state you live. Where you live also determines the length of time you will wait for a disability hearing.

If you must have a disability hearing, you can request that your attorney be present with you. You can attend a hearing without having an attorney, but it’s wise to at least have the advice of an experienced disability attorney. The judge will listen to your testimony, and they may request testimony from medical professionals. The professional testimony can give them insight into the medical conditions you must deal with daily.

Disability hearings are focused exclusively on the person who applied for Social Security Disability benefits. You must provide medical proof to substantiate your answers regarding your condition. Your responses about your condition need to be truthful, and they will cover how you can handle daily activities such as cooking, driving, and caring for yourself and others. Your ability to perform everyday tasks helps the court gauge your ability to obtain and retain gainful employment.

If the judge decides that the evidence from the disability hearing is enough to merit granting benefits, you will begin getting SSDI benefits. If not, you can start the appeals process. That process can lead to higher courts, including a Federal Court review.

Do You Need a Disability Attorney When You Apply for Disability in Georgia?

If your disability application is initially denied, you will likely wait more than a year before you have your disability hearing. Most people don’t want to wait that long before getting benefits. Unfortunately, the only way to avoid the lengthy process is to get approved when you initially apply. Having an experienced disability lawyer assist you from the beginning could increase your chances of being approved in the first stage.

While you can undoubtedly apply for disability on your own, there are benefits to having an attorney beginning with the initial application. An attorney can help you gather the correct information to support your disability claim. They can also help you complete your application so that it’s ready for the Social Security Administration to review it.

Having an attorney help you complete your application can increase your chances of initial approval. However, if you should still be denied benefits, they are ready to assist you with the next part of the process, which is the appeals process. They can help you file an appeal, gather the appropriate information to support your case, and prepare for your hearing.

If you choose to complete the initial application on your own and get denied, you should contact a qualified Social Security Disability attorney as soon as possible after you receive notice of the decision. Statistically, people who choose to have an attorney represent them have a better chance of being approved for benefits than those who choose to represent themselves.

Final Thoughts

Suppose you find yourself unable to work due to an injury or illness that lasts longer than a year or could potentially result in your death. In that case, you might consider filing for Social Security Disability benefits. Often, the initial filing for disability in Georgia will be denied resulting in a disability hearing. Waiting for a disability hearing can take more than a year.

Before you apply for disability benefits in Georgia, you should consider hiring a qualified Social Security Disability attorney to help you through the process. A qualified, experienced disability attorney can help you with the initial application process and any appeals you may have to file. If you have questions about the disability application process or would like to schedule a consultation with a qualified attorney, contact Morgan & Morgan Attorneys at Law.

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