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Should you get a Disability Lawyer before you File for Disability, or get an answer on your claim?

Continued from: Should you talk to an Attorney before you file a Disability Claim with Social Security?

The question becomes, should you get a disability lawyer before you even file for disability, or before you receive an answer on your application for disability? And the answer, as we pointed out, is often no. However, there are cases in which early representation is a good option. And there are individuals who will clearly have an advantage in being represented from the very moment that their case begins.

The individual who was mentioned in the first paragraph of this page shows the validity of this position. This person reportedly "considered" filing for disability for three years. Apparently, they never took the step of contacting the social security administration because the entire issue filled them with anxiety. This is not unusual, of course. It is a common reaction to be filled with fear at the thought of applying for disability, even more so if one has heard stories of how likely it is for a person to be denied, or of how long it can take to get through the system.

In this individual's case, however, the three years that he spent only "thinking" of applying for disability and never actually getting around to doing it could actually have seen him do the following:

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision.

2. File a reconsideration appeal - This is the first appeal in the social security system. It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied. However, going through the recon step allows a person to proceed to the next step. Reconsideration decisions are usually reached in under 90 days.

3. File a request for a disability hearing - Filing for a disability hearing and then waiting on the hearing to be scheduled is the single biggest wait period in the entire social security system. The wait is lengthy, lasting sometimes longer than 1-1/2 years. This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims).

4. Receive a date for disability hearing - Eventually, he would have received a hearing date and gone to a hearing. If he was properly prepared for the social security hearing, he would have chosen a disability lawyer or non-attorney representative to analyze his case, obtain additional evidence to support the claim.

In addition to this, the purpose of a disability representative is to present a theory of the case to the judge and an argument for approval in light of the relevant facts and the medical vocational rules and social security guidelines that apply to the case; the attorney or non-attorney representative will also respond to any testimony and hypothetical scenarios addressed by expert medical and vocational witnesses that the judge may choose to have appear at the hearing.

All of these steps, which are basically those that occur in most claims, would have been completed in under three years. If this individual had filed their disability claim instead of simply considering doing so, they would now be receiving monthly benefits. They would also have received social security back pay in all likelihood. Usually, past due benefits, or back pay, is significant and typically equates to thousands of dollars which can rescue many dire financial situations for claimants who have had to persevere through the system.

It is also quite possible that they would also now be receiving medicare benefits. There is technically a two-year wait for medicare following the first month of eligibility for disability benefits, but, due to the nature of how the system actually plays out, many claimants are eligible for medicare from the time that they receive their first disability check. However, this can only happen if the person has gone through the process of applying, being denied, appealing, and eventually winning the disability case.

So, should a person get a disability lawyer or non-attorney representative before they file a claim for disability, or before they have received an answer if they have already filed? Answer: some individuals will clearly benefit from doing so, especially if the thought of filing a claim makes them anxious to the point that they would not get the process started.

There are other examples of this type of anxiety at work. As a disability examiner, it was very common for me to see that many individuals who received a denial on a disability claim would fail to get an appeal sent in even though SSA gives claimants a full 60 days in which to do this. Sixty days is fairly generous, so why do so many individuals fail to submit an appeal before the deadline? Very often, it must be the result of anxiety. But also the result of depression when a claim has been denied.

  • Index of Social Security Disability SSI Questions and Answers

  • 56 Answers to Social Security Disability SSI Questions

  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center

    The Most Basic questions about Getting Disability Benefits

    Social Security Disability and SSI Back Pay Benefits

    Social Security Disability SSI and whether or not you can work

    How long does it take for Social Security Disability or SSI?

    Social Security Disability SSI Awards and Award Notices

    Tips, Mistakes, How to Qualify, and How to Win Disability

    Tips and Advice for Social Security Disability and SSI Claims

    Common Mistakes to avoid after being denied for Disability

    Disability Qualifications and How to Qualify for Disability Benefits

    Winning Social Security Disability or SSI, How to Win

    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Social Security Disability and SSI Appeal Process - How to file appeals

    Questions about Disability Lawyers and Hiring a Disability Attorney

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

    SSI Disability Benefits, Questions and Answers

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security

    Information to start with regarding Disability Claims

    An Overview of Social Security Disability and SSI

    What is considered a Disabling condition by Social Security?

    The Disability Requirements to be eligible for SSD and SSI Benefits

    Filing for Social Security Disability or SSI Benefits

    Social Security Disability and SSI Applications

    Social Security Disability SSI List of Conditions and Impairments

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits

    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI

    The SSDRC Disability Blog

    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina

    Related pages:

    Social Security Disability SSI mistakes not to make 5
    Social Security Disability SSI mistakes not to make 6
    Social Security Disability SSI mistakes not to make 7
    What does a Social Security Disability Attorney or Representative do for your claim?
    Getting a Social Security Disability Attorney or Representative for your case
    How will an attorney help me win disability benefits?
    Disability Lawyers, Medical Records, and Social Security Hearings
    What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
    Can a disability attorney speed up my disability hearing case?
    Should you get a Disability Lawyer before you File for Disability, or get an answer on your claim?
    Using a lawyer for a Social Security Disability, SSDI, case
    Will a new diagnosis of depression help on a disability appeal after being denied on the initial application?
    Applying for Disability in Michigan
    Filing a Disability appeal in Michigan
    Will I qualify for disability Benefits in Michigan?

    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