Monday, February 25, 2008

Virginia Disability Attorney

If you live in Virginia and have filed for either social security disability or SSI disability benefits, should you get a virginia disability attorney? For that matter, should you get anyone to help you with either your disability application or your appeal (assuming you have received a notice of denial. Regarding these questions, here are some things to keep in mind.

1. You aren't required to get a disability attorney at any step in the social security administration's disability evaluation process. In other words, you can "go it alone" at the application level, at the first appeal level (the reconsideration), or at the disability hearing level. However, the fact that you can do this does not necessarily mean that you should. The truth is, some individuals will benefit from representation from the beginning of the claim process, while others will do just fine waiting until they have received their first notice of denial. Most individuals, though, would be best warned to consider getting someone to assist them if they need to go to a social security disability hearing. SSA does not like to consider disability hearings as adversarial in nature, but, in truth, they are. And some administrative law judges can be quite hostile toward claimants. For this reason, and to have a case fully prepared (gathering the necessary records and analyzing what happened on prior decisions, just to name a couple items), a claimant should be represented at a hearing.

2. You won't be required to pay anything up front for the cost of your representation. A disability attorney is only paid if your case is won and the fee is currently equivalent to a percentage of whatever back pay the social security administration ends up owing you (currently, the fee is 25% of your back pay, up to a maximum of $5300.00).

How many social security disability and SSI cases are won and lost in Virginia? Recent year figures indicate that nearly 62 percent of all disability applications filed within the state of Virginia are routinely denied, while close to 88 percent of all first appeals are denied in Virginia. From these statistics, one can generally conclude that most claimants will be in the position of having to file a request for a disability hearing and will typicially benefit from representation.








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    Social Security Disability Decision Process
    SSD (Social Security Disability) Reconsideration
    Qualifying for disability on the first application
    Winning your Social Security Disability
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    Virginia Disability Attorney
    Disability Questions 7
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    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
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