social security disability attorneys representatives representation


SOCIAL SECURITY DISABILITY OVERVIEW, Pt II, STAGE 3




Part 2 of this Overview on Social Security disability should fill in gaps and answer questions you may have thought of after reading Part 1. After completing Part 2, read the Questions, Tips, and Advice that may help you with your Social Security or SSI claim for disability, and possibly improve your chances of winning the benefits to which you are entitled.

STAGE THREE


A Request for Hearing (ADVICE) should be always be made for a claim after a Reconsideration has been denied. This is because most Reconsiderations are denied matter-of-factly (the Reconsideration can honestly be thought of as a rubber stamping of the first denial)

Again, to request this appeal, a call should be made to the Social Security office within 60 days.

This time, however, the claim will not go to DDS, but, rather, to The Office of Hearings & Appeals, or OHA. At OHA, a claimant's case will be assigned to a Judge who, at some point, will hold a hearing to approve or deny the claim.


How long does it take to get a hearing date? It's impossible to know but it almost always takes several months.

Can a representative speed up a social security or SSI disability case? Though it is vital to have Representation at the hearing level, nine times out of ten the answer to this question is no.

However, (TIP) there are two things claimants can do ON THEIR OWN.
  1. Claimants whose financial condition is growing urgent (for example, the danger of foreclosure or eviction) can write the hearing office to request a faster scheduling of their hearing; though it's not guaranteed, occasionally, a "dire need" letter can minimize the wait for a hearing.

  2. Disability claimants can also contact their Congressman or Senator to ask for an inquiry into their disability claim. No guarantees apply here either, but Congressional Inquiries can sometimes speed up a hearing.
In most cases, though, the amount of time it takes to get a hearing...will be the amount of time it takes to get a hearing.


For this reason, (ADVICE) claimants for Social Security or SSI benefits based on Disability should always plan ahead, even from the very beginning when they first apply. During the application and appeal process for the claim, claimants should never take on new debts or obligations. Quite the reverse, if the need arises they may wish to do the following:
  1. Get rid of excess vehicles and property to have liquid funds in reserve. (This may not be possible, though, if the disability application is for SSI. Click here for a brief explanation).

  2. Restructure debts and/or refinance mortgages.
Though it may seem extreme, lowering monthly bills and eliminating excess property can help significantly when it comes to surviving the lengthy appeals process.


How does having a disability representative help? An Attorney or non Attorney Representative will do everything possible to win a case. That is, they will seek to provide winning representation. Under social security regulations, a Representative can take take 1/4 of the Claimant's backpay (up to a maximum of $5,300.00)---but, obviously, only if the case is won.

For example, if a Social Security or SSI Disability claim is won and the backpay amounts to $10,000.00, the Rep receives $2,500.00. If the claim is lost, the Rep receives nothing, other than reimbursement for gathering medical records (typically, a hundred dollars or less)

Therefore, a representative has every incentive to win a claimant's disability benefits for them and make sure a claimant gets as much backpay (or past due benefits) as possible.

What exactly does a Representative do? Basically, a Representative does everything needed to prepare a case for its scheduled hearing. This preparation includes:
  1. Obtaining a copy of a claimant's social security file (sometimes 3 inches thick).
  2. Obtaining a claimant's most recent medical records for the ALJ.
  3. Getting Physicians to complete statements supporting the claim holder's case and submitting these to the ALJ.
Once the preparation on a case is completed, the Attorney or non Attorney Representative will study the file so, by the time of the hearing, an argument can be made for approving the disability claim.

During the hearing, the Representative will point out to the judge evidence supporting an Approval.

If the ALJ has experts present, the Representative may elect to cross-examine them (there are two kinds of experts: Medical Experts, who are M.D.'s, to comment on the medical records, and Vocational Experts who can comment on whether a Claimant can perform certain work).


What happens on the day of the Hearing? Both the Claimant and the Representative arrive at the hearing location. Most often, the Hearing is held at the Office of Hearings & Appeals. Sometimes, though, especially when the Claimant lives hours away, the hearing is conducted closer to where the Claimant lives. In such instances, the "Hearing Site" may be a hotel conference room in another town or city.

Compared to a courtroom case, Disability hearings are informal and relatively brief, lasting an hour at the most. Yet, considering the impact a Hearing can have on a person's financial status, the proceedings are just as important.

When the hearing is concluded, the ALJ informs those present that a decision will be forthcoming in "X-number of weeks".

However, (ADVICE) as with other things, take this with a grain of salt. It is not uncommon for an ALJ to state that a decision on a benefit claim will be delivered in 6 weeks----when in actuality it may take 12 weeks, or longer.





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CONTINUE TO STAGE FOUR


HOME PAGE SOCIAL SECURITY DISABILITY SOCIAL SECURITY DISABILITY OVERVIEW PT 2 SOCIAL SECURITY DISABILITY ADVICE
MORE SSD SSI DISABILITY QUESTIONS SOCIAL SECURITY DISABILITY HOW TO 'S TIPS - SOCIAL SECURITY DISABILITY SSI
SOCIAL SECURITY DISABILITY ARTICLES DISABILITY & MEDICAL CONDITIONS SOCIAL SECURITY DISABILITY DEFINITIONS
DISABILITY EXAMINER ANSWERS SOCIAL SECURITY DISABILITY OVERVIEW PT 1 SOCIAL SECURITY DISABILITY MYTHS


SOCIAL SECURITY LAWYER - REFERRAL

ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 1         ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 2









Additional Questions & Answers


  1. Where can I get help while waiting for Social Security Disability?

  2. A social security disability claim (ssd, ssdi) without an advocate

  3. How does social security decide when my disability starts?

  4. How long does it take to hear something after applying for disability?

  5. What if social security says I have an overpayment but it is not my fault?

  6. Can you have a new disability claim and a case at the appeals council?

  7. How do I get new medical records into my social security disability file?

  8. How often will my disability case come under review?

  9. Answers to Various Health Questions

  10. How long for a disability hearing date ?

  11. Financial problems and getting a disability hearing sooner ?

  12. Will age affect your social security disability application ?

  13. My medical records - will they decide my disability case ?

  14. Neurological cases and social security disability
































Social Security Disability Questions and Answers Page 4


Social Security Disability           General information on Medical conditions