Social Security Disability Resource Center
Overview | How to Qualify | Applications
Requirements | How long it takes | Back Pay
Mental Disability | What is a disability? | Tips
SSI Benefits | How to Win | Disability Awards
Hearings | Appeals | List of Disabling Conditions
How will an attorney help me win disability benefits?
How will a Social Security Representative or lawyer help you win Social Security Disability or SSI benefits? The simplest answer is by preparing a case and argument that is supported by objective medical evidence and which justifies either a listing level approval or a medical vocational awarding of benefits.
However, sometimes an attorney will substantially assist your claim by making sure that all of your appeal paperwork is filed timely and correctly. A fairly large percentage of individuals who apply for social security disability or SSI either do not return their appeal forms on time, or leave out information that would be helpful to winning their case.
As a a former disability examiner and as someone who has been involved in the representation of disability applicants, I can state that many cases drag on needlessly due to simple things like not returning paperwork, or not completing paperwork properly. Having representation can usually avoid these simple issues.
If you do not use a disability attorney at anytime during the initial disability claim process, or during the reconsideration appeal phase (the request for reconsideration is the first appeal), you should certainly consider getting an attorney for your disability hearing before an administrative law judge.
The disability hearing is the second level in the appeal process and, statistically speaking, it offers the best chances of approval for those individuals who were not lucky enough to be approved on their initial claim. However, success at a disability hearing often rests on sufficient case preparation and, additionally, on a skillful presentation of the case.
As to the presentation of the case at a disability hearing, very often it is difficult for a disabled individual to present their claim in a manner that is not overly emotional, which may lead to important medical evidence being missed. This is assuming, of course, that:
A) The unrepresented claimant obtained medical evidence updates and submitted this information to the judge prior to the hearing. Note: For those who are unaware, beyond the reconsideration level of the system, the responsibility for gathering medical evidence falls on the claimant and/or their lawyer.
Many claimants who go to hearings are surprised to learn, on the day of the hearing, that their case is being denied because there is no recent evidence for the judge to consider. These claimants naturally assume that the social security administration will gather their records for the hearing because that is exactly what happens during the handling of the disability application and reconsideration appeal stages.
However, at the hearing, SSA no longer does development on the case. And claimants who are not aware of this will arrive at the hearing unaware of the fact that their evidence is many months out of date and essentially useless to any hopes of winning the case.
B) The unrepresented claimant was successful in obtaining a medical source statement, supporting their case, from one of their treating physicians.
C) That the unrepresented claimant knew what to look for in the medical records in order to prove that their case either met a disability listing (in the blue book, a.k.a. the social security disability impairment list), or to prove that they were disabled according to the five step sequential evaluation process that is used for a medical vocational allowance.
Most individuals who need to appear at a disability hearing at some point will simply not be aware of the various rules and regulations that can play a part in receiving a decision on a social security disability or SSI claim, such as the medical vocational grid which is composed of rules that dictate a decision of "disabled" or "not disabled" based on certain factors that become apparent during the processing of a case.
An attorney who specializes in the representation of social security cases can present your claim in an organized manner that will be more favorable to your disability claim. An attorney will also work to ensure that medical evidence is gathered and submitted that improves the chances of winning benefits.
Social Security Disability and SSI Resource Center
The Most Basic questions about Getting Disability Benefits
Social Security Disability SSI and whether or not you can work
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Questions and Answers
More Social Security Disability SSI Questions and Answers
Common Questions about Social Security Disability and SSI
Winning Social Security Disability or SSI Benefits
The SSI Disability Benefits Program
Social Security Disability SSI and Doctors - Yours and Theirs
Social Security Disability and SSI Claim Reviews
Social Security Disability SSI System and Benefits for Children
Denials, Appeals, and Getting a Disability Lawyer or Representative
What you should know about Social Security Disability and SSI Denials
Questions about Disability Lawyers and Hiring a Disability Attorney
Various Types of Benefits including SSI, Mental, and Child benefits
Social Security and SSI based on Mental Disability
Social Security Disability or SSI Benefits for Children
Disability Benefits through Social Security
Filing for Social Security Disability or SSI Benefits
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
About the Author of SSDRC, Tim Moore
The SSDRC Disability Blog
For Individuals living in North Carolina
Disability in North Carolina
North Carolina Disability Lawyer
Getting disability in North Carolina
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 does it mean when a Social Security Disability claim is expedited?
Turned down at my disability hearing: should I appeal or refile?
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?
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