What is the process for getting disability in Tennessee? First and foremost a claimant must file an application for disability benefits. This can be done in a multitude of ways and I encourage the reader to visit my webpage for a video tutorial on filing an application. Once an application is filed the case is sent to Nashville for a medical determination. The case must also meet certain requirements to be sent for a medical review. In Nashville state employees process the case, order medical records, and sometimes schedule consultative examinations. This first stage typically takes approximately five (5) months before SSA issues a decision.
If a claimant is denied at the initial level then the claimant can request “reconsideration” within sixty (60) days of the initial denial notice. If a reconsideration is timely requested the case is sent back to Nashville to be reviewed by a second pair of eyes. This second stage takes approximately two – four weeks before SSA makes a decision. The denial rate at this level is so great that many (including SSA staff) refer to this step as a rubber stamp denial.
If a claimant is denied at the first and second stages then he can request a hearing before an Administrative Law Judge (ALJ). The claimant may appear at this hearing and call witnesses on his behalf. Most claimants have representation at this level. Unfortunately the wait for this hearing is lengthy. As of the writing of this the average wait time from the second stage till the hearing is around twelve (12) months.
If a claimant is unsuccessful at the hearing level then he may request a review from the Appeals Counsel within sixty (60) days from the ALJ’s decision. The Appeals Counsel will review the administrative record and can either approve, deny, or remand the case back to the ALJ. The Appeals Counsel is the final step in the SSA process. It is important to note that the Appeals Counsel can overturn even favorable decisions but such action is rarely heard of.
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