Having a Social Security Lawyer During Appeal Process
Posted 10/30/09
Q: What happens at the first interview after you apply for disability through social security?A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. If you have a social security attorney, he or she will help you prepare for that interview. You may not plan to hire a social security attorney, in which case you should get organized and assure that you arrive at that interview with all the necessary items. Some sort of photo identification, like a drivers license or passport, is required. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Provide a certified copy of your birth certificate. Take proof of marriage, if applicable. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Be prepared with supporting documentation about your medical condition. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. The majority of cases will not be approved after reconsideration and claimants will then request a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A claim must first be reconsidered before an appeal for a hearing is made.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The biggest mistake is to wait too long to file an appeal. All forms to have a case reconsidered must be received no later than 2 months after the initial claim was denied. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.