Nov 24

Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?

A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. A fair number of applications for disability benefits are denied during the initial review process and when reconsidered. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. An experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. Additionally, if your claim is approved, a social security lawyer can help you with any issues regarding the date of onset and any back payments to which you might be entitled. A case can be approved without attorney representation. But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.

Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?

A: Missed hearings are not taken lightly by the Social Security Administration.If a hearing was missed for a legitimate reason, you should be able to reschedule. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. Some people are not even aware that a hearing had been scheduled. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing. If your claim is let go, you will have to start the application process from step one. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.

Q: Are SSDI and SSI the same thing?

A: Although both programs are run by the Social Security Administration and are offered to individuals who are injured, they are quite different. Individuals who have contributed to Social Security via their paychecks and, consequently, earned enough work credits are eligible for Social Security Disability Insurance. Supplemental Security Income is awarded to individuals who have limited income and financial resources. SSI is not based on work history.

Jul 1

Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?

A: It is not required that you have representation when applying for disability with social security. Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.

Q: If you are denied disability benefits after the initial review, should you apply again?

A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. The majority of applications for social security disability are denied after the initial review process. Having your claim reconsidered is the appropriate and most beneficial next step. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. Most likely, since your claim was not approved after the initial review the first time, it will not be approved the second time. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. By submitting another initial claim, you would have added significant time to your disability claim process. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.

Q: Are you allowed to apply for disability insurance via the web?

A: Submitting your application for disability insurance can be done via the web. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.