Do I Need an Attorney

You have right to have an attorney represent you in your social security case. Statistics show that people represented by attorneys are successful more often than people without attorney representation. An attorney will advise you and help protect your rights throughout the social security claims process. Remember, you should contact an attorney as soon as you receive any denial notice from the Social Security Administration. This will allow your attorney maximum time to analyze and prepare your case for a hearing before the Administrative Law judge. An attorney can help you prepare your case in many ways including research, developing areas of case law, preparing you to testify in court, cross-examine vocational experts or medical experts that appear to testify at your hearing and insure that your receive a fair hearing to present your case most effectively. Remember, this is you versus the government of the United States.

Applying for Disability

Disability under social security is based on your inability to work. To be considered disabled, you must be found unable to do any kind of work for which you are suited due to a medical condition which will last for a least one year. Social security will look at your medial condition, age, education, training and work experience to decide if you are disabled. To qualify for social security disability benefits, you must have worked long enough, and recently enough at employment that is subject to social security withholding. The number of work credits needed for disability benefits depends on your age when you became disabled. The amount of benefits is determined by how much you earned when you worked. Supplemental Security Income Program (SSI), is a federally run program for the disabled and person over 65. To qualify for SSI, you must meet certain income and asset limitations. The definition of disability is the same under both programs. You should apply at any social security office as soon as you become disabled. You may file by phone, mail or in person. It will take from 60 to 90 days for your claim to be processed. Or, you may have an attorney file it for you.

Requesting Reconsideration

When you application for social security benefits has been denied, you should request a reconsideration. Most people who apply for benefits are turned down on a first application, so do not be discouraged. Your request for reconsideration must be made within 60 days of the date you receive your denial of benefits. When not appealing an initial denial within 60 days, you will have to start the application process again, and you may have lost the opportunity to recover a significant amount of back due benefits. Your attorney can help you review the denial notice sent to you by social security and decide if any additional evidence or records need to be submitted. You should consult with your attorney before you send in your request since the statement's you make in the for will be put in your permanent claim file. Remember, you must file your reconsideration within 60 days of the time your receive you denial. Remember, these tips are not to be used as a substitute for the advice of an attorney.

Requesting a Hearing

When your application and request for reconsideration of your social security disability benefits have been denied, you have 60 days to request a hearing before the Administrative Law judge. Most people who qualify for disability benefits are denied at both the application and reconsideration levels so do not be discouraged. The importance of filing a request for hearing after reconsideration denial cannot be over-stressed. In 1991, nearly 2 million persons applied for disability benefits. Over a million claimants were denied benefits but less than half of them filed at the reconsideration stage. Nearly 1/3 did not appeal their cases to be heard by an Administrative Law judge. The point here is that many persons who are deserving of benefits, may never receive them simply because they did not pursue their claims through the appeals process. You have the right to have an attorney represent you at your social security hearing. Statistics show that people represented by attorneys are successful more often than people without attorney representation. If you choose to be represented, your attorney will insure that you receive a fair hearing and represent your case most effectively.

Appealing the Judge's Decision

Your request must be made within 60 days of the date you receive the judge's written decision. You should consult with an attorney when requesting a review by the Appeals Council since any statement you make on your request will be made a part of your permanent claim file. If you have not already obtained an attorney, you should try to do so now. Your attorney will need as much time as possible to prepare your case before review by the Appeals Council. And to review the judge's decision to determine if new evidence is needed from your doctors. Remember, you must request the review by the Appeals Council within 60 days from receiving your denials. All letters to social security should be sent by certified mail, return receipt requested.