You shouldn't get a lawyer for a Social Security Disability Case?
Someone recently expressed this sentiment in a comment on a blog. They essentially said "If you get the right documentation and persist at it, you won't need a lawyer".
So, the question, "Do you need a lawyer for a social security disability case?" Well, you're not required to have one at any point in the process. And, if you choose to have representation, you can choose a non-attorney, many of whom provide wonderful representation on claims. However, I decided to tailor my response to the commenter with regard to disability hearings. And here it is.
All cases are decided on the strength of the medical evidence, which includes statements from treating physicians. However, 70 percent of all initial claims typically get denied. For those who file a request for reconsideration, about 85 percent are denied. The next step is a request for a hearing before an administrative law judge. True, some claimants who go to hearings unrepresented win their cases.
But, in my opinion, the majority of claimants who go to a hearing without the benefit of representation are foolish.
To those who have a disability hearing coming up and are not currently represented, and have no intention of seeking representation, I would pose the following list of questions to ask yourself.
1. Have you obtained your most recent medical records and submitted them to the hearing office? And by this mean, I mean all your outstanding records immediately prior to your hearing date. Many claimants do not understand that, for the most part, case development stops at the reconsideration level, i.e. social security doesn't work on your case any longer and it is up to you (or your representative) to prepare for your hearing.
2. Have you attempted to obtain a residual functional capacity statement from your treating physician to support your case? Do you know what one is? RFC statements can be instrumental in winning hearing level cases.
3. Are you familiar with your social security file, including the medical records that were gathered by social security to determine your case and the basis for your prior denial. Have you looked at how social security classified your past work and how you were physically and/or mentally rated on an RFC form?
4. Do you know what the social security disability list of impairments is? Do you know if your condition is listed in the manual? Do you know if your condition meets any of the disability approval criteria set forth in the manual?
5. Do you know what a medical vocational allowance is?
6. Do you know what the social security administration's definition of disability is?
7. Are you actually familiar with what your own medical records say about your condition and any limitations you may have?
8. Do you capable of responding to any hypotheticals that may be put forth by a vocational expert who may be called to testify by the administrative law judge?
The list could go on and on. However, my point is simply this. If you have a hearing, you would generally serve yourself well to obtain representation.
Return to:
Social Security Disability Secrets
Social Security Disability Requirements
So, the question, "Do you need a lawyer for a social security disability case?" Well, you're not required to have one at any point in the process. And, if you choose to have representation, you can choose a non-attorney, many of whom provide wonderful representation on claims. However, I decided to tailor my response to the commenter with regard to disability hearings. And here it is.
All cases are decided on the strength of the medical evidence, which includes statements from treating physicians. However, 70 percent of all initial claims typically get denied. For those who file a request for reconsideration, about 85 percent are denied. The next step is a request for a hearing before an administrative law judge. True, some claimants who go to hearings unrepresented win their cases.
But, in my opinion, the majority of claimants who go to a hearing without the benefit of representation are foolish.
To those who have a disability hearing coming up and are not currently represented, and have no intention of seeking representation, I would pose the following list of questions to ask yourself.
1. Have you obtained your most recent medical records and submitted them to the hearing office? And by this mean, I mean all your outstanding records immediately prior to your hearing date. Many claimants do not understand that, for the most part, case development stops at the reconsideration level, i.e. social security doesn't work on your case any longer and it is up to you (or your representative) to prepare for your hearing.
2. Have you attempted to obtain a residual functional capacity statement from your treating physician to support your case? Do you know what one is? RFC statements can be instrumental in winning hearing level cases.
3. Are you familiar with your social security file, including the medical records that were gathered by social security to determine your case and the basis for your prior denial. Have you looked at how social security classified your past work and how you were physically and/or mentally rated on an RFC form?
4. Do you know what the social security disability list of impairments is? Do you know if your condition is listed in the manual? Do you know if your condition meets any of the disability approval criteria set forth in the manual?
5. Do you know what a medical vocational allowance is?
6. Do you know what the social security administration's definition of disability is?
7. Are you actually familiar with what your own medical records say about your condition and any limitations you may have?
8. Do you capable of responding to any hypotheticals that may be put forth by a vocational expert who may be called to testify by the administrative law judge?
The list could go on and on. However, my point is simply this. If you have a hearing, you would generally serve yourself well to obtain representation.
Return to:
0 Comments:
Post a Comment
<< Home