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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

I was Denied at my Disability Hearing, Should I get a Lawyer?



 
"I was denied at a disability hearing, should I get a lawyer?"

The time to get a disability lawyer is prior to a Social Security Disability hearing being held, not after one has been held.

What will happen if you try to get disability representation after your hearing? At the very least, you'll find it more difficult to find someone to help you with your case. And it shouldn't be too hard to figure out why. At this point in the process, a claimant will have finished the appeal step where claimants--who have previously been denied at the disability application and reconsideration levels--typically have their best chance of being approved (2/3 of claimants who appear at hearings are approved).

What incentive does an attorney or non-attorney representative have to get involved when A) the only thing left to do, appeal-wise, is to request a review of the administrative law judge decision and B) the case, for lack of better words, may already have been "blown" by a claimant's ill-considered decision to go to a hearing without the benefit of representation and proper hearing presentation.

Many disability lawyers will tell a claimant who is in this type of situation to do the following: obtain a copy of the notice of decision (from the hearing) and bring it by the office or mail it in. In fact, this, aside from reading the case file (something done by a representative prior to a hearing being held) is the only way to know A) whether the case has sufficient merit for appeal or B) whether the claimant should start over with a new disability claim.

Without a doubt, a disability claimant should always seek representation for an upcoming disability hearing and this representation should be obtained no later than the submission of a request for hearing before an administrative law judge. However, in practical terms, a claimant may wish to consider representation following the denial of an initial claim (a.k.a. disability application) for this reason: the step following the initial claim is the request for reconsideration. And on this first appeal, more than eight out of ten claimants are usually denied, making it necessary for most claimants to request a hearing where "going it alone" is never a good idea.








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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These pages provide answers to basic questions about pursuing disability benefits

What mental problems qualify for disability?
SSI disability status
How to prove you qualify for disability
Qualifying for disability eligibility requirements
How Does Social Security Decide If You Are Disabled
How much does disability pay?
Factors involved in Winning SSDI or SSI Claims
Applying for disability with Degenerative Disc Disease
How long to get a Social Security decision letter?
What Does Social Security Consider To Be a Disability?
The amount of back pay that you receive
Social Security medical disability determination process
If You Get Approved For SSDI Will You Also Get Medicare?
How long can you receive SSI or Social Security Disability benefits?
How Long Does A Social Security Disability Appeal Take?
How Long Does It Take To Get Disability Benefits When You First File?
Can you work if you get SSI disability?
Social Security Disability attorney fees
Am I eligible to receive disability benefits?
What are the non medical requirements for disability
How to get SSI
Approved for disability benefits
SSD SSI disability hearing decision








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.