Archive for the ‘disability advocate’ Category

Choosing a Social Security Disability Attorney–5 Tips

Tuesday, November 17th, 2009

The process of applying for Social Security Disability can be confusing and overwhelming. Many applicants are turning to disability lawyers to handle their claims. There are several reasons for this. First, these attorneys are experts in the Social Security field and know exactly how to present your case. They know what Social Security looks for and the documents that will be needed. Second, disability lawyers handle the mountains of paperwork required to process a claim, as well as the phone calls and letters to and from Social Security. And finally, those who hire disability attorneys have their chances of being approved jump dramatically. Some disability firms have success rates as high as 90%.

So if you have decided to hire a disability lawyer but don’t know what to look for, here are five tips.

Tip #1: Immediate, professional assistance.

If you call a disability center and the person answering the call puts you off or takes a message, that may mean that the firm is short on employees, or there is a computer or electronics issue. Or it may mean that your business is not a priority. In either case, look for a disability firm that is friendly and helpful, answering any questions you may have in a professional manner.

Tip #2: Acceptance of your case no matter where you are in the process.

Many disability lawyers turn down your claim until you have been denied once or twice. This may be because the hearing level has the highest chance of success, and they don’t want to waste time waiting with you. Choose a disability firm that will accept your case from the very beginning, or even have them do your application for you if it is offered. This may result in your claim being approved sooner, as those who go unrepresented sometimes make mistakes that cost them valuable time.

Tip #3: Get on a first name basis.

Some clients believe that they should deal directly with the attorney about certain matters, and worry when other employees offer to help. In reality, it is the employees that do much of the preparation necessary to prepare a disability claim. The best disability firms will assign you to a worker who handles much of this preparation. If you have a question, he or she will usually take your calls and answer your questions, and will be familiar with your situation. If you speak with a different receptionist every time you call and no one seems to communicate about your case with each other, find another disability lawyer.

Tip #4: Status information.

The best disability lawyers make it easy for you to find out the status of your claim. Some send letters or emails to let you know what is happening with your claim, and others may give you a phone call. However, do not be alarmed if you do not hear from your disability lawyer for months at a time. Some points in the Social Security process, such as waiting for a hearing, are times when even lawyers may be finished with preparations and have nothing to do but wait. This is the way the system is set up, and not the attorney’s doing. But find a disability attorney who adequately informs you on the status of your claim.

Tip #5: Size.

Many applicants disagree here. Some say it is better to hire a disability attorney who has a small practice, because you will get more individualized attention and the lawyer will work harder on your claim. If this is your opinion, be careful not to hire a disability attorney who has little experience or who specializes in other types of law. In my opinion, it is best to find a disability lawyer who has plenty of Social Security disability experience. These lawyers often have many, many clients, because of referrals and word of mouth. Just make sure they follow the four tips above.

Wherever you are in the process of Social Security disability, and finding an attorney, best of luck.

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Social Security Disability Appeal

Saturday, October 17th, 2009

If you are not approved the first time that you apply for SSDI or Social Security Disability Insurance, then there is a social security disability appeal process that you are going to want to become acquainted with. If you were denied for your disability claim, then you are given a period of not more than sixty days to appeal the decision with the Social Security Administration. There are four different opportunities available to you for appeal, and they go in the following order:

The first step is the reconsideration. The second step is a hearing in the presence of a judge. The third step is a review by the appeals council. The fourth step is a review by the federal court.

If you have been denied for the benefits that you deserve in the past, then you are encouraged to find out more about the social security disability appeal process. You need to submit your request for an appeal within sixty days following the receipt of your denial letter from the Social Security Administration.

Reconsideration – The first step in most areas is the request for reconsideration. In this appeal, someone that was not originally a part of the decision is going to review your case and make a new decision. All of the original evidence and any new information that you have will be provided to them. If your case is reconsidered and still denied, then the next step is to request a hearing in front of an ALJ or Administrative Law Judge.

Hearing – The second step is to go before an Administrative Law Judge for a hearing. He or she will not have any previous knowledge of the claim that you are making. Before you go before the judge, you are going to want to make sure that you are prepared with all of the right evidence and paperwork. After your hearing has been completed, a decision will be made by the judge based on a combination of the initial evidence and any new evidence that you have provided to the court.

Appeals Council – Should you disagree with whatever decision is made by the judge, the next step in the claim process is to approach the appeals council for the Social Security Administration. The council will look at all review requests and can reject any review that they feel was properly determined. If the council does decide that they would like to review your case, they will make a decision themselves or appoint a new ALJ.

Federal Court – If the decision that the appeals council made was not the decision that you were hoping for, or if the appeals council refused to hear your case, then the final step in the process is to file a lawsuit by contacting a federal district court. This is the final stop in the process, and you must make sure that you have all of the necessary evidence and information to plead your case, otherwise there are no further chances in the process.