CAN A LAWYER SPEED UP MY DISABILITY CASE?



Can a Lawyer Speed Up My Disability Case?



 
Generally, a lawyer or a non-attorney representative helps to keep your disability case on track. And that in itself could speed up the time it takes to process your disability claim.

It is the responsibility of disability lawyers and representatives to file appeal paperwork in a timely manner, either via the online appeal process or on paper. They also generally strive to make sure that you are aware of any upcoming consultative examinations, and just take care of your disability case in general.

Once your disability case is at the state disability agency (disabilility determination services, or DDS) the only thing your lawyer can do is check the status of your disability claim and make sure any information that is needed is provided for the disability examiner (so that your disability case can be processed as quickly as possible).

If your reconsideration appeal is denied, your lawyer may be able to speed up your disability case at the disability hearings appeal level (the disability hearing is the appeal step that follows the request for reconsideration appeal level). Your lawyer can write a "dire need letter" with your help explaining that you are in dire need--meaning that you are about to loose your place to live, your power, or other hardships--and stating that you need to have a hearing as soon as possible.



Of course, this does not guarantee that you will win your disability hearing; it only means you may be able to have the hearing sooner. Then there is the fact that most individuals, these days, are in dire need by the time they get to a hearing if they have not been able to work. The hearings offices receive quite a few dire need requests.

It is just impossible to say if your lawyer can speed up the process in any way. However, they can make sure you file all your appeals timely and that may save time for your wait for disability benefits in general. If you miss an appeal deadline and file your appeal late, you could have to start your disability claim all over.

Sometimes, lawyers will request that the administrative law judge look at your disability file to see if they can make a favorable decision with the records in the file rather than having to wait for a hearing. If the judge can make a favorable decision then that could speed up the time it takes for you to receive benefits. In the end, your lawyer could be very helpful to you in winning disability benefits.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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