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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

Using a lawyer to potentially speed up the disability appeal process



 
In theory, a person who decides to file a disability appeal on their own can potentially move their case through the Social Security Disability system just as fast as a disability attorney. That is to say, they can complete the required forms just as fast and can mail them in just as fast (note: this is assuming that attorneys actually send in paper appeal forms; in actuality, disability lawyers and non-attorney claimant's representatives have been directed by SSA to file appeals using the Social Security Administration's online process).

In many instances, though, claimants who file their own appeals fail to do the following:

1. Immediately contact social security upon receipt of a denial letter.

2. Complete the appeal forms as soon as they are received.

3. Mail them in to social security as soon as they are completed.

Quite often, the opposite of this is true. Claimants who have received a disability denial will very often wait several weeks before they even request an appeal and many will wait until close to the 60 day deadline to get the appeal paperwork completed and submitted.



Why does this happen? In many cases, feelings of depression may accompany having been denied on a disability claim. However, claimants who have been denied should always do the following:

1. Request an appeal immediately upon learning of being denied.

2. Complete and return the appeal forms immediately after receiving them.

Why is it so important to react quickly after a denial of Social Security Disability or SSI benefits has occurred? Because waiting simply adds processing time to your case.

Also, the more time that elapses between the denial of an initial claim and the processing of a reconsideration (a reconsideration is the first appeal that is available to claimants who have been denied), the more likely it is that the medical records that were previously submitted to social security will become too old to use. Yes, these medical records can still be evaluated but for a disability examiner to make a decision on a disability claim, the examiner must also generally have access to some records that are not older than sixty days.

What happens if the records "age out"? Most likely, when the reconsideration appeal is being processed, the reconsideration examiner (who is different from the initial claim examiner) will have to schedule a claimant for a consultative medical exam (often referred to as the "social security medical examination). This, of course, only adds more time to the processing of a disability case, sometimes as much as several weeks.

For this reason, it is apparent and obvious that a claimant who has been denied should file an appeal immediately and waste no time doing this.

Now, back to the question of using a disability lawyer to potentially speed up the process. If you have case representation, you can inform your lawyer that you have been denied (your lawyer will receive copies of everything that is mailed to you, but you should still contact your lawyer, just in case they do not receive their copy) and they should file your appeal for you.

As stated, the current requirements are that attorneys and disability representatives must file their appeals online so the appeal should always be filed on a timely basis provided the representative is properly notified of a denial taht has occurred.

Having said this, however, it is always safest for claimants who are represented by a disability lawyer to follow up with their lawyer to ensure that certain actions have been followed through on, and this includes the filing of disability appeals by the attorney or representative.








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

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Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?






Related pages:

Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
Can a Lawyer Speed Up My Disability Case?
Do I need a lawyer to win my disability case?
What is the process for approving a Social Security Disability claim?
When does a case go to the Social Security Disability review board?
How long will an SSI or SSDI disability claim take?
Using a lawyer to potentially speed up the disability appeal process
Speeding up the Social Security Disability or SSI Claim Process
Social Security Award Letter and being due a substantial back pay amount
Reasons to get a representative who specializes in disability claims only
When you apply for Social Security Disability should you send copies of your xrays?
Getting approved for disability based on being blind
How to answer questions at a Social Security Disability CE examination
What disability claimants get angry about - Part II
How does Social Security consider pain?



These pages provide answers to basic questions about pursuing disability benefits

How to file for disability, filing tips
What to Prove to Qualify for Disability Benefits
Applying for disability benefits, SSI and SSDI
What Disabilities Qualify for SSI and Social Security Disability?
Will you get disability back pay?
Social Security Disability And SSI Qualifications
Permanent Disability Qualifications for SSD and SSI
Social Security Disability SSI status
Disability lawyer representation, finding lawyers
Who will qualify for disability and what qualifying is based on
Qualifications for Disability Benefits
Important points about filing for disability
How long does it take to get disability after applying?
Am I Eligible For Social Security Disability?
Who is eligible for SSI disability?
How to get disability in Florida