How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
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.
Having a disability lawyer or disability representative will do the following for you:
1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you.
2. Because your appeals will be filed on time, your case won't just die in the system. That happens often.
3. Social Security will be put on notice to notify your representative of everything that happens on your case, helping to ensure that everything proceeds properly.
4. If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations.
An example of procrastination and how getting a lawyer would have saved time
The individual who was mentioned in the first paragraph of this page shows the validity of being represented from the very beginning. 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.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
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?
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
Applying for Disability in Michigan
Filing a Disability appeal in Michigan
Will I qualify for disability Benefits in Michigan?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.