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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

How Long Does Your Attorney Have To File Your Social Security Disability Appeal?



 
If your disability claim has been denied, your attorney can file your appeal for you. You have sixty days from the date that is on the denial notice to appeal the denial. Additionally, Social Security does allow five days for mailing of notices etc., so that really means you or your attorney have sixty-five days total to get your appeal to the Social Security Administration.

This is a concrete time frame and does not go by the postage date on the envelope. The appeal forms must literally be received by the end of the 65th day (counting from the date of the denial notices).

Although you are able to file all of your own appeals with Social Security, you may wish to consider getting a disability representative for a variety of reasons. For instance, if you have conditions that significantly affect your mobility or you forget things easily, you will not have to worry about missing this appeal period. Your attorney or non-attorney Social Security representative will file your paperwork for you. Attorneys or other representatives will also help you keep on track with additional requested information such as questionnaires, provide Social Security with any updates of address or phone, and make sure you remember to attend a scheduled consultative examination.



Why is this important? Well Social Security Disability examiners routinely deny disability applicants for failing to attend their consultative examinations, an inability to contact the applicant, or failure to return some kind of requested information. Now, if you are able to keep up with all of these things you may be able to file your reconsideration appeal on your own, because that is basically just a matter of completing your appeal forms and making sure you provide the disability examiner with any needed information.

If you are approved at this level of the disability appeal system (the request for reconideration), you have save yourself a portion of your back pay. Social Security lawyers work for a fee that is a portion of your back pay benefits.

Currently, a Social Security representative is entitled to one fourth of any social security or ssi back payment up to a certain maximum. That maximum is presently set at $6000. Some attorneys or representative also charge for incidental fees (i.e. travel, copying, medical records, etc) along with the standard fee and there are those who charge those fees whether or not they win the case for the applicant. So read any fee agreements thoroughly as they are legally binding agreements.

To that end, it is my opinion that all disability applicants should have an attorney or representative to represent their disability case if they have to appeal to an administrative law judge hearing. Although these hearings are less formal than most legal hearings, they are still legal hearings held in court albeit an informal courtroom. And they are conducted in front of an administrative law judge.

Disability applicants really need to have a representative (a lawyer or a good non-attorney representative) who is familiar with the guidelines of Social Security Disability. This might include a thorough knowledge of medical vocational rules, as well as any legal case law that affects Social Security Disability. I have rarely seen a disability applicant who knew anything about disability guidelines, rules, or case law that might help present their claim in a light that would be favorable to the approval of their disability case.

Statistics on a national level indicate that disability applicants who use representatives are about twenty percent more likely to win a disability claim before an administrative law judge than those who have no representation.








Essential Questions

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



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Related pages:

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
What to do if your Disability Benefits are stopped
What Should I Expect at my Social Security Disability Review if I am working part-time?
Can you get a quick disability approval in Missouri
How long does it take for a disability decision in missouri?
Will I qualify for disability Benefits in Missouri?



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?

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.