Social Security Disability Resource Center

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What is your disability attorney supposed to do in their role?




 
A disability attorney has really just one single purpose. That is to help you win your Social Security Disability or SSI Disability claim, and help you obtain all the disability back pay benefits to which you are entitled. How can they help you do this?

Based on my personal experience as both a disability examiner and through my own work in disability representation, this is my answer:

1. A disability attorney or disability representative will help you avoid mistakes on claims. What mistakes? There are many to avoid, such as a) missing scheduled appointments for consultative medical exams, which are basically Social Security Medical examinations, b) failing to get in touch with a disability examiner when they have requested that you contact them within 10 days, c) failing to update Social Security with changes in your condition or keeping them updated with regard to your treatment, or even failing to keep them updated with how to get in touch with you. And, of course, d) failing to file an appeal before the deadline expires.

Any of these mistakes can have an injurious effect on your claim and you definitely want to avoid them. They simply are unnecessary. Part of what a disability attorney or disability representative will do is work to ensure that these simple but potentially harmful mistakes do not happen.

Obviously, when it comes to appeals, a disability representative or attorney will file your appeal for you so that the deadline cannot be missed. In the other examples, however, your attorney or representative will receive copies of all correspondence sent to you by the Social Security Administration and will then typically remind you of your examination appointment, remind you to get in touch with SSA if they have requested this, or update your disability examiner with new medical treatment information assuming that you provided this information to your attorney or representative.

2. A disability attorney or disability representative will attempt to obtain the information that is necessary to prove that you are disabled according to the Social Security Administration's own definition of disability. This information includes medical records of a physical or mental nature, but can also include statements from your doctors.

These statements are referred to as medical source statements and Social Security refers to them as RFCs or residual functional capacity forms. But they basically do one thing: they take your doctor's opinion about how your medical condition, or conditions, limit your ability to do normal everday activities, including work activity. This information is recorded in very specific detail and the form will typically ask, among other things, how long you can sit or stand, how much weight you can occasionally or frequently carry, your ability to reach, grasp, maintain attention and concentration, etc, etc.

Forms from doctors are, quite honestly, sometimes essentially ignored by disability examiners if your claim is being worked on at the disability application or reconsideration appeal level. However, they can have a very strong impact at a disability hearing conducted by an ALJ or administrative law judge. Disability attorneys and Disability Representatives frequently use these forms obtained from doctors to effectively win their client's cases for them.

Suffice it to say, the primary role of someone representing a disability claim is to win the claim. However, an individual representing a claim will use their knowledge of your case and medical history to establish the most favorable onset date possible (when your disability began) so that you can receive the highest amount possible in disability back pay. And also allow you to receive your medicare benefits as quickly as possible (note: medicare applies to Social Security Disability, not SSI. SSI recipients may potentially receive medicaid).








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



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    The SSI Disability Benefits Program

    Medical exams for disability claims

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    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney

    Frequently asked questions about getting Denied for Disability Benefits

    FAQ on Disability Claim Representation

    Disability hearings before Judges

    Selecting and hiring Disability Lawyers




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    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




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI






    For Individuals living in North Carolina

    Applying for Disability in North Carolina

    North Carolina Disability Lawyer




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    How long do you have to be out of work to get disability benefits?

    Can disability be denied because of not enough doctor visits?

    Can I get Social Security disability off my spouse’s record?

    Do I need an attorney to get disability?

    Getting the Status of your Disability Hearing Request

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    Does Social Security send you to their doctors?

    Using the right medical evidence to win disability benefits

    Disability Judges and getting information for your disability claim decision

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    Can I receive temporary SSI disability benefits?

    How to get an SSDI reconsideration appeal approved