Do All Cases Need a Social Security Attorney?
06/11/09
Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?
A: It is not required that you have representation when applying for disability with social security. Most applicants can submit their application for initial review without any difficulty. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A lot of applications are denied after the initial review process. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. If you are confident you can do this independent of legal representation, then you may not need a lawyer. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. The expertise of a social security attorney will be essential to making sure your case goes through the hearing phase properly. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.
Q: If you are denied disability benefits after the initial review, should you apply again?
A: It is not recommended that you apply again to have your case initially reviewed. The majority of applications for social security disability are denied after the initial review process. Your next step is to file for reconsideration. The deadline for filing to have your case reconsidered is 60 days. If you do not submit the paperwork within that timeframe, you give up your right to appeal and have to submit a brand new application at step one. Most likely, since your claim was not approved after the initial review the first time, it will not be approved the second time. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If you are denied after your case was reconsidered, you will have to move on to the hearing process. By submitting another initial claim, you would have added significant time to your disability claim process. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.
Q: Can you submit an application for social security disability online?
A: Yes, you can apply for social security disability online. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)
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