Social Security Disability RC|
How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay
Is the Disability Process Faster in Florida if you have a Lawyer?
Having a disability lawyer or a non-attorney claimant's representative at the initial disability claim level generally does not make the disability process in Florida go any faster in and of itself. Typically, however, representation on a case saves a claimant from wasting considerable time in the following scenarios:
A) The disabled individual is not able to complete the disability application and return the necessary forms.
B) The individual misses their appeal deadline following the receipt of a denial notice.
C) The individual, following the receipt of a denial, confuses filing a new disability application with the filing of an appeal (Yes, many people seem to think that filing a new claim is synonymous with filing an appeal and following through on this misunderstanding only has the effect of wasting months of valuable time--more valuable, of course, if lost wages are putting one's home in jeopardy).
Advantages of representation
If you have memory problems or a mental condition that might prevent you from providing information or returning forms timely, or you simply feel overwhelmed after being denied for disability and, for that reason, may be likely to miss an appeal deadline, then you may want to consider getting a lawyer or non-attorney rep to help you with your disability application and claim.
Most disability applicants probably consider getting a lawyer if their initial disability claim is denied. Some decide at that point to seek representation, while others decide to wait and see whether or not their reconsideration appeal will be denied as well (85-87 percent of reconsiderations are turned down). For those who get a lawyer or a non-attorney, how useful is representation at that point?
Here is a common viewpoint:
Unfortunately, other than completing your reconsideration appeal timely, having the services of a lawyer does not make your reconsideration appeal get processed faster. Typically a lawyer just makes sure that your disability claim can move to the next appeal level, which any claimant can on their very own.
Is this true? Largely, yes. In very many instances, when a case is represented at the "next step" (this is the request for reconsideration level, which is the available appeal) there is often little that will be done by a disability attorney other than conducting status checks, filing the reconsideration appeal, and waiting for a decision after the reconsideration has been initiated.
However, having said this, there are claimants who do not seek representation at this point and then either--
A) Fail to submit their request for reconsideration within the given time period (which is a very generous 65 days from the date of the denial, but, amazingly, many claimants miss this deadline).
B) Do not submit an appeal, but, instead, file a new claim. As we've stated, this is usually a waste of time (note: not just a waste of time, but an incredibly unproductive use of one's very valuable time).
C) Simply give up on the process altogether. Speaking from the standpoint of statistical outcomes for those who persevere and continue with filing appeals, giving up is a very bad choice. The majority of claimants who persevere will eventually be approved for disability benefits and receive a social security disability award letter.
When to seek representation
So, should you seek representation after your disability application has been denied? Or do you wait until your first appeal, the reconsideration, has been denied and you are in the position of having to make a request for a disability hearing, where you should undeniably consider getting a representative?. Note: At the hearing level, it is really just ludicrous and short-sighted to attempt to go it alone; going before a federally appointed judge without the benefit of representation will, for many claimants, dramatically diminish the chances of winning disability benefits.
My take on it is this: Most claimants will be fine in waiting to see if they receive a denial on their first appeal before speaking to a disability attorney. Having said this, though, some attorneys do make a concentrated effort to win claims at the first appeal level; therefore skipping representation may amount to potentially giving up some advantage (I say "potentially" because a good percentage of attorneys make zero effort to do anything to win a case at the reconsideration level).
Also, the likelihood is that if a person is denied on their application for disability, they will most likely be denied on the social security reconsideration, so it isn't necessarily a bad idea to become represented at the point where the reconsideration appeal needs to be filed, and many claimants do exactly this.
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
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?
Behcet's disease and Filing for Disability
Dystonia and Filing for Disability
Tips and advice for Florida disability claims
Florida Disability Lawyer Advice for Social Security Disability Claims
Florida Social Security Disability Application tips
Tips and insight for getting disability in Florida
Tips for consultative medical exams for SSDI and SSI in Florida
Can I afford a Florida disability attorney or representative for my claim?
General questions about getting disability in Florida
How Much Can You get in Monthly Social Security Disability Benefits in Florida?
What if you receive a disability overpayment in Florida
Can you get permanent Social Security Disability in Florida?
If they review my disability in Florida, will I lose my benefits?
Do disabled children qualify for benefits in Florida?
Denied for Disability with Depression in Florida
Should you appeal a disability denial in Florida?
How long does disability take in Florida?
How Long Can You Receive Social Security Disability Benefits in Florida?
How long for a Social Security Disability Decision Letter in Florida?
How long does it take get a decision after a Florida Disability Hearing?
How Long Do you have to be disabled to Get Disability Benefits in Florida?
The disability decison process in Florida
Can you get disability benefits in Florida if you have never worked?
Will you be awarded disability in Florida if you are unable to return to your old job?
Who makes the disability decision in Florida?
Will I Be Evaluated For Both SSDI and SSI in Florida?
The Florida Disability awards determination process
What happens after a social security disability claim gets taken in Florida?
Filing applications for disability in Florida
Applying in Florida, the criteria to qualify for Benefits
An application for disability in Florida will be time-consuming
Filing for disability in Florida is not easy
What are reasons to file for disability in Florida? When should you file for Disability Benefits in Florida?
Starting an application for disability in Florida
Applying for SSD in Florida - Disability Application Information
Disability Lawyers and Representation in Florida
Getting a disability lawyer in Florida
Representation on a Social Security Disability Claim in Florida
Do I need a Lawyer for My Florida Disability Hearing?
Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid
How do Disability Lawyers in Florida get paid their fees?
Finding a lawyer for a Florida disability claim
Is the Disability Process Faster in Florida if you have a Lawyer?
Applying for SSI in Florida
Applying for SSI disability in Florida
Can you receive Social Security Disability and SSI in Florida?
Applying for SSI Disability for a Child in Florida
Doctors, medical records, and medical exams
Social Security Disability in Florida and What Your Medical Records Say
Will a Disability Attorney in Florida Help You Obtain Your Medical Records?
SSDI and SSI disability applications in Florida and Doctors
Social Security Administration Medical Exams in Florida
Disability hearings in Florida
How long will my case be at a Florida Social Security Hearing office before it is scheduled?
How long does it take to see a Florida disability judge?
Getting ready for a disability hearing in Florida
Disability denials in Florida
What if you are denied disability in Florida and do not get the notice?
If you are turned down and denied for disability in Florida
If your disability is denied in Florida, file an appeal quickly
Why did I get Denied on my Florida Disability Request for Reconsideration?
Disability appeals in Florida
If you are requesting an appeal in Florida
Social Security Disability and Appeal options in Florida
Do you have to appeal your Florida SSD Claim over and over?
Qualifying for disability in Florida
Will I Qualify For Disability Benefits in Florida?
Can I win my disability case in Florida?
What are my Chances of Qualifying for SSDI in Florida?
Will I get approved for disability in Florida if my doctor supports my claim?
If you are trying to win disability benefits in Florida
How Can I Win My Social Security Disability Case in Florida?
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.