Skip to main content

DO YOU REALLY A NEED A LAWYER FOR SOCIAL SECURITY DISABILITY?

A lawyer isn't required to apply for Social Security Disability Insurance (SSDI) benefits.  However, many people who try to go it alone will get confused and frustrated and seek an attorney or advocate to assist them.

A lawyer or advocate can fill out the SSDI application for you and submit it.  He/she can review the application to be sure it is complete and without errors that could delay the claim.  Your lawyer/advocate can attend meetings, conferences or hearings with you.  The Social Security Administration (SSA) will work directly with your legal representative and will share your Social Security file.

Having legal representation can be especially important if you disagree with Social Security's decision on your claim and you need to appeal.  

Most denied cases require attendance at a hearing before an Administrative Law Judge.  Your legal representative can go with you to the hearing and can prepare for it.  He or she will prepare you and any witnesses on your side to testify effectively.

A 2017 study by the Government Accountability Office found that people who are represented by a professional advocate or attorney are twice as likely to be approved as those who are not represented.

By the way, a lawyer cannot charge you a fee unless your case is approved and you receive past due money from Social Security.  

___________

Charles W. Forsythe is principal of The Forsythe Firm in Huntsville, Alabama.  He does nothing but Social Security disability cases.  Free consultations available.  (256) 799-0297.


 


Comments

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...

WHAT TYPE OF DENIALS DOES SOCIAL SECURITY ISSUE?

In Social Security disability, the most common denials are medical denials.  This means that Social Security doesn't believe the medical evidence in your case meets the exacting standards for an award of disability.  There are technically two kinds of medical denials: 1.  You are able to perform some of your past relevant work.  They have looked at your work history for the past 15 years and judged that your medical conditions permit you to perform one or more of your past jobs.  This is what we call a "Step 4 denial." 2.  You are not able to perform any of your past work - but there is other work in the national economy that you are able to do.  This is called a "Step 5 denial" because it occurs at the 5th and final "step" in the decision making process. There are other types of denials, not nearly as common as the two above.  We sometimes think of these as "automatic" denials or "technical denials."  They are not medical decisions...