What are the odds of winning Social Security disability benefits with a lawyer's assistance?
57 percent in Alabama.
57 percent of claimants in Alabama will be approved for Social Security disability when using a lawyer or competent advocate.
However, that's not immediate approval. Most claims will be denied at the application level. In fact, only 22 percent of claims are approved at the early application level.
The 57 percent approval rate comes at the third step of the process--at a hearing before an Administrative Law Judge.
How long does it take to get from the initial filing to the judge? The time will vary from case to case but you may be looking at 18 to 24 months.
Hearings are legal proceedings and very complex. They aren't like most claimants imagine. The claimant has a specific burden of proof that must be supported by objective medical evidence. The claimant must show that he/she is disabled under the rules and regulations of the Social Security Administration, which is a very specific burden requiring skill and knowledge of the regulations.
Basic points of proof include:
1. Are you able to perform any of your past relevant work?
2. Are there any other jobs in the national economy that you would be able to do?
An attending vocational witness (expert) will likely present many jobs that are available in the national economy. The claimant's burden is to prove that he/she can't perform any of those jobs or the case is lost. Dealing with the damaging testimony of the vocational expert is part of the lawyer's job.
According to a study by the US Government (Government Accountability Office) - you are about 3 times more likely to win Social Security disability when using a lawyer or non-attorney advocate.
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The Forsythe Firm, 7027 Old Madison Pike, Huntsville - one of Alabama's most successful disability representative firms-- Phone (256) 503-8151. Offering free consultations. Never a fee until you have won your case and received your entitled past due benefits.
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