Do I Need a Social Security Lawyer to Appeal?
Posted by admin on Jan 25, 2010
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: It is common for Social Security to request that applicants for disability undergo another medical exam. Your representative will refer to it as a consultative examination. The representative assigned to your file asks for the consultative examination. If you are currently undergoing a hearing on your case, the judge may also request it. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. Current information is usually needed to process your case. The other purpose would be to fill in some gaps in your medical information. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. It is an indication, however, that more details on your medical condition are required in order to rule on your application. Once an exam is asked for, it is mandatory that you undergo the examination. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: Once I submit my application, do I need to follow up with social security?
A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) Most applications are reviewed within 4 months. If it has been longer than that for you, contact your disability examiner.
What Is the Appropriate Next Step After Social Security Disability Insurance is Not Awarded?
Posted by admin on Jan 20, 2010
Q: When you apply for social security disability, how does the agency decide to deny or approve benefits?
A: Information regarding your medical condition is the number one thing that will affect whether you are approved for benefits or not. Be certain that the doctor who is currently treating your condition believes you should qualify for social security disability insurance and will cooperate with the required paperwork. Your physician will have to provide a letter describing your condition, prognosis and your ability to work. Your disability case will be based on that descriptive statement provided by your physician. It would be wise to find a new physician, if your current one is not responsive or has told you he cannot support your social security disability claim. The claim representative will also look at your actual medical files to get a complete picture of your condition. It is important to confirm with the claims examiner (or your lawyer, if you have one) that the most current medical records have been sent. A wait for medical files is the biggest reason claims are delayed. Although medical data is what the claims examiner will use to determine your eligibility for disability insurance, you also want to make sure you have completed the application and any other required forms correctly and on time. A claimant who has strong medical evidence and has met all the deadlines is a good contender for disability benefits.
Q: What is the next step after your application is not awarded social security disability insurance?
A: The next step is to file an appeal. Many claimants make the mistake of applying all over again. Your claim will likely be denied again and you will lose valuable time that could have been spent on an appeal. You must file an appeal within 60 days of when you were notified of your denial. If you currently have a social security disability attorney, he or she will handle this for you. It is wise to communicate regularly with your attorney, though, and confirm that the appeal has been filed. If you do not currently have legal representation, contact your claims representative for details regarding how and by when you need to submit your appeal.
Q: Why are there so many different names for the appeals process?
A: When you submit an application for social security disability insurance and are not approved, you will likely plan to appeal your claim. Your claim will undergo a few steps when you appeal, and those different steps can cause confusion if you do not know what they mean. In most states, the first appeal is called a reconsideration. There are a few states that are currently not using the reconsideration step, so check with your attorney or claims examiner to figure out if you should not file for reconsideration. A reconsideration is simply another review of your case with a new set of examiners. The majority of cases that are reconsidered are denied benefits. The next appeal after reconsideration is to request a hearing.