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.