Do I Need a Social Security Lawyer to Appeal?
Posted by admin on Nov 23, 2009
Q: Is my application for disability insurance more likely to be approved if I have a social security lawyer?
A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. A social security lawyer, however, can assure that your claim will be correctly filed. 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. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. You can certainly choose to represent your claim yourself. 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 you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Legitimate reasons are those that were not expected and emergencies. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. 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. The Social Security Administration sends notification to both the claimant and his attorney. 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: I am confused about the difference between social security disability insurance and supplemental security income.
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Social Security Disability Insurance (SSDI) is an earned benefit. Supplemental Security Income is awarded to individuals who have limited income and financial resources. SSI is not based on work history.
You are given a grace period to account for the time it takes to send something in the mail. You should not, however, put your case at risk by cutting a deadline too close. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.
Q: Is it possible to speed up the date for your social security disability case hearing?
A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances.
If your medical condition does not change, though, you will not have to apply again to remain eligible for benefits.
Q: When will social security benefits begin, after an individual has received approval for disability?
A: According to law, an individual cannot receive social security benefits until he has been injured and unable to work for at least five months. Payments will usually begin the sixth month. If you have applied, but have not yet received notification for approval, the processing time can vary. The thing that usually affects how long it takes to process an application is the wait for medical records.