Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
Ask a question, get an answer
Hiring a Qualified Disability Lawyer in New Mexico
Claimants who are represented on disability claims in New Mexico tend to have a higher rate of approval, a need for fewer appeals, and more favorable "dates of onset" (the date the disability is proven to have begun) that lead to higher back pay benefits.
Representation may be through a disability lawyer or a specialized non-attorney disability representative. Many non-attorney reps are former Social Security Administration Claims Specialists and Disability Examiners with an extended history of working from within the federal system.
A qualified disability representative will have a knowledge of Social Security administrative law, particularly with regard to how claims are approved through the Social Security listings and the medical vocational grid rules. A qualified and competent disability representative or lawyer will also be skilled in the ability to obtain the most relevant case evidence, analyze it correctly, and incorporate it as part of a winning strategy for a claim.
To learn about fees for representation, see: "How do disability lawyers get paid?"
If you are filing for social security disability (SSD) or filing for SSI benefits in New Mexico, you may be wondering if you should hire a lawyer to represent you. The truth is, only you can make that decision, and the answer will vary, depending on your individual needs and, of course, the nature of your medical disability (some conditions, such as blindness or paralysis, impose obvious physical limitations that are likely to result in approval of benefits without legal representation of any kind).
In fact, 40.4% of residents of New Mexico are approved for SSD/SSI the first time they file for disability, and another 17.8% of disability applicants who were initially denied benefits by the New Mexico disability determination services (DDS) win benefits upon their first appeal (known as a request for a social security disability review or reconsideration).
These approval rates are actually significantly higher the national average, so do applicants in New Mexico really need legal representation, and if so, when? As previously stated, it depends upon the circumstances surrounding each claim, as well as the individual involved.
The vast majority of medical conditions for which claimants seek disability benefits are not listed in the social security administration impairment manual, commonly referred to as the “blue book.”
While not having a condition listed in the blue book in no way prevents you from collecting disability benefits, it does make it a bit more complicated to demonstrate the nature of your medical condition, its symptoms, and how those symptoms prevent you from earning a living wage. Some people find that they are not up to the task of gathering all their medical records, meeting deadlines, compiling a detailed work history, etc., particularly if their physical or mental condition is debilitating.
A lawyer representing a disability claimant is regularly notified of all developments in the case, and will make sure that all medical and work history records are where they need to be, when they need to be there (in other words, no missed deadlines). This can be very helpful to disability claimants who, for whatever reason, are unable to advocate for themselves.
Of course, many if not most disability claimants in New Mexico find that they are able to provide all the necessary medical and work history information to disability determination services with little difficulty, and do not need a lawyer to help them stay on task.
However, even these individuals are strongly advised to seek legal counsel when both their initial disability claim and reconsideration appeal have been denied by a New Mexico disability examiner, because the next step in the process involves a hearing before an administrative law judge. In New Mexico and across the nation studies have shown that having a disability lawyer present your case to an administrative law judge significantly increases your chances of winning.
In fact, an experienced disability lawyer or non-attorney claimant's representative (non-attorney reps are often former SSA representatives of state disability examiners) can mean the difference between approval and disapproval of your claim.
Return to: Social Security Disability Resource Center, or read answers to Questions
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria