This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing ssd or ssi disability benefits and backpay to which a person is entitled. |
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Typically, a social security disability (ssi included) lawyer or non attorney representative will prepare for a disability hearing by examining a claimant's social security file and by gathering additional medical records (updates).
Some lawyers and representatives may choose to prepare by having a claimant's entire social security file copied (this includes copies of all paperwork generated by ssa and dds on a claimant's behalf, including medical records, as well as copies of applications, and information printouts) while others may simply copy portions of the file that they deem relevant. And, in fact, some representatives may simply prepare by reviewing the file and taking notes. Regardless of how a rep decides to do this, the main goal is simply to learn what transpired in a disability claimant's case at the initial and/or reconsideration claim levels. However, step two in the preparation process is equally, if not more, important, than the first. Because to fully prepare a social security disability or ssi disability case for a hearing, a lawyer or non attorney represenatative must obtain medical record updates. Why must these be obtained? There are two ways to answer this question. First of all, typically all development on a claimant's case will cease after a reconsideration determination has been made (in states that no longer use the recon stage, of course, this will be after the initial claim determination has been made). In other words, from the time a hearing before an administrative law judge is requested until the time that a hearing is scheduled (often this is a wait of 12-20 months), no medical records will be requested by SSA. This, of course, means that, by the time a hearing takes place, a claimant's records may be year or more out of date. Are those old medical records important? Yes, they are because they can determine how far back it is that a claimant's disability exists which can have an immediate impact on onset (onset is a concept that applies to commencement of benefits). However...to be granted ongoing/continuing disability benefits, a claimant's lawyer or non attorney representative will need to present recent medical records. In most cases, a claimant who appears at a social security disability hearing should be able to present medical records that are not older than 30-60 days (in addition to their older records, of course). Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY ATTORNEY, REPRESENTATIVE LAWYER LIST ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 1 ANSWERS TO YOUR SSD & SSI QUESTIONS PAGE 2 |
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