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Ask a question, get an answer

Should I Appeal my Social Security Disability Denial in Illinois, or get a Lawyer First?




 
Opinions vary widely on these issues. I've heard, and read, plenty of people make the argument that representation is unnecessary. However, if I had to file for disability, knowing what I know about the disability system, as a former disability examiner and having worked in representation, I would not represent myself on a claim.

And, if I had a friend or relative who was filing for disability in Illinois, I would advise them to get representation immediately after being denied on a claim, and certainly if the denial occurred at the reconsideration appeal level (because the next step is to request a disability hearing and at a hearing you absolutely want representation).

Further, and this is just my own preference, I would advise anyone who was denied on a reconsideration to get representation. Why? Because the odds of winning at recon are fairly limited.

Here's one mistake that I've seen time and time again. A claimant who files for disability benefits with the social security administration gets denied and decides to find a disability representative (either a lawyer or a non-attorney claimant's representative). Weeks later, right as the deadline to appeal very closely approaches, they finally sign on with a representative (literally, by signing a fee agreement and a 1696--SSA form 1696--to designate a representative), fully expecting that the representative should handle everything without exception.

Where's the mistake in this scenario? Actually, there's several. First of all, if you need to appeal, you should always do so immediately to avoid adding more total processing time to your case. In other words, just because SSA gives you two months to appeal, that doesn't mean you should actually consume that length of time as doing so serves no purpose and is probably financially damaging to you.

Secondly, if you plan to get representation following a disability denial, you should do so immediately. Why? Because your prospective representative, whoever that may be, will not be able to submit an appeal on your behalf without having signed paperwork from you. And by that, I mean the aforementioned appointment of representative form, a signed fee agreement, as well as signed medical releases (typically SSA-827 releases that will be used by social security and the representative's own in-house release forms).

If you contact your prospective rep too late, it may be the case that the representative may be forced to advise you to file your appeal on your own...simply because they don't have a signed 1696 and fee agreement from you and the deadline to appeal is dangerously close.

So, should you get you appeal your SSD denial, or get a lawyer first? Well, if you plan to get a representative, do this first and do it immediately following a denial so the representative can file the appeal for you. However, if for some reason you are having trouble either getting a representative, or deciding on which one to use, file your appeal yourself to avoid wasting valuable time, and then get representation.

Resources:

1. How long does it take to get a disability hearing scheduled?
2. How long does it take to get a disability hearing?
3. How long does it take to get a decision after a disability hearing?
4. How to get a disability hearing scheduled faster?
5. Getting a faster disability hearing scheduled
6. Can an attorney get you a faster disability hearing?
7. Disability hearing decision timeframe
8. ALJ disability hearing decisions
9. What to expect at a disability hearing
10. What happens when you go to a disability hearing?
11. After a disability hearing, what happens?
















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Filing for disability in Illinois

Applying for disability in Illinois

How do you apply for Social Security Disability or SSI in Illinois

Filing for disability in Illinois, when to file

After you apply for Social Security Disability or SSI in Illinois

Are you automatically denied for SSDI or SSI in Illinois when you first apply?

Filing Illinois request for reconsideration after denied

Will I Qualify For Disability Benefits in Illinois?

Options after Social Security Disability is Denied in Illinois

Hiring a Qualified Disability Lawyer in Illinois

Do you need a lawyer for a Disability Claim in Illinois?




Disability attorneys, lawyers in Illinois

Choosing a Disability Attorney in Illinois

What will an Illinois disability attorney do?

Will hiring a disability attorney in Illinois get me a disability award?

Social Security Disability Representatives and help in Illinois

Social Security Claims and Disability Lawyers in Illinois




Illinois disability appeals

Filing a disability appeal in Illinois

Which disability appeal to file in Illinois

How many disability appeals do you get in Illinois?

Getting a Disability Appeal on time in Illinois




Eligibility, approvals, and qualifications in Illinois

How to Qualify for Social Security Disability or SSI in Illinois

Can a Specific Medical Problem get you Approved for Disability in Illinois?

Eligibility and Qualifications for Disability in Illinois

Can you get disability approved in Illinois at the reconsideration level?




Miscellaneous questions about SSD SSI in Illinois

Can you get disability in Illinois on your first try?

How many Social Security Disability and SSI cases get denied in Illinois?

Disability denial in Illinois, when to get a lawyer

Social Security Disability Waiting period in Illinois

Will I lose my SSDI SSI disability benefits in Illinois when my case is reviewed?




Illinois disability hearings

How to Prepare for a Disability Hearing in Illinois

Odds of disability approval in Illinois better at a hearing vs reconsideration

Illinois disability attorney representation after being denied




Illinois mental disability

Approved for disability in Illinois with a mental condition

Mental testing for an SSDI or SSI disability claim in Illinois

Filing for Disability with depression in Illinois




Illinois disability decisions

Who makes the SSD or SSI decision in Illinois

How long does it take to get a disability decision in Illinois?

What is the Social Security Disability decision making process in Illinois?




Illinois disability, working and work credits

Work credits in Illinois to be covered for Social Security disability

How to get your disability status in Illinois

If you get and receive disability benefits in Illinois, can you work?

Can you apply for social security disability or SSI in Illinois if you are working?




Illinois disability denials

Why is Social Security Disability and SSI Denied in Illinois?

Denied on a Disability Reconsideration in Illinois

Illinois Disability Claim was Denied, Should I Reapply?

Denied the second time for Social Security Disability in Illinois