Do You Need a Social Security Attorney to Appeal a Case?
Posted by admin on Oct 17, 2009
Q: What happens at the first interview after you apply for disability through social security?
A: Your disability application interview will be set up shortly after you submit your application for social security disability. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A request for hearing cannot be made until a case is denied after reconsideration.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.
If your application for social security benefits has just been denied, should you hire a social security attorney?
Posted by admin on Oct 16, 2009
Q: If your application for social security benefits has just been denied, should you hire a social security attorney?
A: If you were denied benefits after you applied for disability, you do not need to hire a social security attorney to appeal. A fair number of people who wish to appeal their cases, however, obtain the services of an attorney at this point. The next step is to file a reconsideration. The majority of claimants are denied again after reconsideration. After the reconsideration phase, the hearing phase is the last step. A hearing is your last opportunity to present your case. That is the reason most claimants choose to hire a social security attorney once their initial claim is denied. Again, it is not required that you have an attorney to undergo a hearing. Nevertheless, most claimants that win after a hearing have a lawyer.
Q: If you would like to hire a social security attorney, what things do you need to know?
A: If you know someone who was happy with an attorney they hired for a disability case, this is the best place to start. If you do not know of any recommendations, hop online and see if you can find any reviews for an attorney who handles your type of claims. Once you find some attorneys, make a list of basic questions you plan to ask any candidates. First, find out what percentage of cases the lawyer handles are disability cases. Having a lawyer who deals with your type of cases a lot will be beneficial. Assure that the attorney has copies of your application, denial notification and health records so he can be well versed on your case when you sit down to meet for the first time. Ask the candidate to explain how the disability process works. Have the attorney provide details on the challenges of your claim and how he plans to overcome them. It is generally not helpful to ask how many cases an attorney has won. Every disability case is different. It is more helpful to hire a social security attorney that has a lot of disability expertise and who has taken the time to know your particular issues.
Q: Is it wise to submit a new application if you were not approved for disability insurance?
A: If your application was not approved after the initial review process, do not submit a brand new application. Your next step is to file for reconsideration. The deadline to file for reconsideration is no later than sixty days after you received notification that your claim was not approved for benefits. Appealing to have your case heard before an administrative judge is your next step, if your claim is reconsidered and still not approved. You will only add more time to your process, if you begin at square one again and submit a new application in lieu of filing for reconsideration.