 SSDRC Filing an Application for Disability Benefits Social Security Disability List of Impairments Social Security Disability and SSI Back pay Social Security Disability Status SSI Disability Benefits Social Security Disability and SSI Requirements Social Security, SSI, and Mental Disability How Long Does It Take To Get Disability Benefits? Qualifying: What do you Need to Prove to Qualify for Disability? |
How will an attorney help me win disability benefits ?Sometimes an attorney may help you win your disability benefits by simply making sure that all of your appeal paperwork is filed timely and correctly. A fairly large percentage of individuals who apply for social security disability or SSI either do not return their appeal forms on time, or leave out information that would be helpful to winning their case. As a a former disability examiner and as someone who has been involved in the representation of disability applicants, I can state that many cases drag on needlessly due to simple things like not returning paperwork, or not completing paperwork properly. Having representation can usually avoid these simple issues. If you do not use a disability attorney at anytime during the initial disability claim process, or during the reconsideration appeal phase (the request for reconsideration is the first appeal), you should certainly consider getting an attorney for your disability hearing before an administrative law judge. The disability hearing is the second level in the appeal process and, statistically speaking, it offers the best chances of approval for those individuals who were not lucky enough to be approved on their initial claim. However, success at a disability hearing often rests on sufficient case preparation and, additionally, on a skillful presentation of the case. As to the presentation of the case at a disability hearing, very often it is difficult for a disabled individual to present their claim in a manner that is not overly emotional, which may lead to important medical evidence being missed. This is assuming, of course, that: A) The unrepresented claimant obtained medical evidence updates and submitted this information to the judge prior to the hearing. Note: For those who are unaware, beyond the reconsideration level of the system, the responsibility for gathering medical evidence falls on the claimant and/or their lawyer. Many claimants who go to hearings are surprised to learn, on the day of the hearing, that their case is being denied because there is no recent evidence for the judge to consider. These claimants naturally assume that the social security administration will gather their records for the hearing because that is exactly what happens during the handling of the disability application and reconsideration appeal stages. However, at the hearing, SSA no longer does development on the case. And claimants who are not aware of this will arrive at the hearing unaware of the fact that their evidence is many months out of date and essentially useless to any hopes of winning the case. B) The unrepresented claimant was successful in obtaining a medical source statement, supporting their case, from one of their treating physicians. C) That the unrepresented claimant knew what to look for in the medical records in order to prove that their case either met a disability listing (in the blue book, a.k.a. the social security disability impairment list), or to prove that they were disabled according to the five step sequential evaluation process that is used for a medical vocational allowance. Most individuals who need to appear at a disability hearing at some point will simply not be aware of the various rules and regulations that can play a part in receiving a decision on a social security disability or SSI claim, such as the medical vocational grid which is composed of rules that dictate a decision of "disabled" or "not disabled" based on certain factors that become apparent during the processing of a case. An attorney who specializes in the representation of social security cases can present your claim in an organized manner that will be more favorable to your disability claim. An attorney will also work to ensure that medical evidence is gathered and submitted that improves the chances of winning benefits. 
Return to: Individual Questions and Answers Special Sections Return to Social Security Disability Resource Center Or click to one of the following: Return to -- Social Security Appeals Time Limit Return to -- Can I Talk To the Disability Examiner Working On My Case? Return to -- What Expenses Will A Social Security Attorney Charge In Addition To The Fee? Return to -- Do Most People Need To See A Judge To Get Disability Benefits From Social Security? Return to -- Social Security Disability Lawyers and 25% Back Pay Return to -- Will Social Security Attempt To Get A Letter From Your Doctor To Help Your Case? Return to -- What Is The Difference In SSD and SSI? Return to -- How is Social Security Disability and SSI Awarded? Return to -- Will my children get benefits if I get approved for disability? Return to -- Why Does It Take So Long To Get A Call Back From The Social Security Office? Return to -- Does Being Represented On A Disability Claim Win The Case Faster? Return to -- Applying for Disability according to state of residence Return to -- Social Security Disability SSI Blog , About the Author Return to -- Social Security Disability and Money in the Bank Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)? Return to -- The first appeal in a social security disability or SSI case Return to -- Using a Lawyer for an SSDI Disability Case Return to -- Social Security Disability SSI, Medical and Mental Conditions and Problems Return to -- Disability Lawyers - Questions about Hiring a Disability Attorney Return to -- Disability Lawyers in Various States |