Can a Social Security Lawyer Help My Claim Be Approved?

02/18/09

Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?

A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. A social security lawyer, however, can assure that your claim will be correctly filed. A fair number of applications for disability benefits are denied during the initial review process and when reconsidered. You should file an appeal, if your case is not approved. Hiring a social security lawyer to help your case through the appeal and hearing processes is advisable. An experienced lawyer knows the appeals process well and brings expertise that will be invaluable during an appeal. Additionally, if your claim is approved, a social security lawyer can help you with any issues regarding the date of onset and any back payments to which you might be entitled. A case can be approved without attorney representation. But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.

Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?

A: Missed hearings are not taken lightly by the Social Security Administration.If you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Emergency and unexpected circumstances are the only reasons that will be accepted. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. Some people are not even aware that a hearing had been scheduled. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. An advocate like a social security lawyer will make sure that you do not miss notifications, issues with your claim or a hearing date. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing. If your claim is let go, you will have to start the application process from step one. If you do not yet have a social security lawyer, it would be wise to hire one to help you through rescheduling and the subsequent hearing.

Q: I am confused about the difference between social security disability insurance and supplemental security income.

A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Social Security Disability Insurance (SSDI) is an earned benefit. Supplemental Security Income (SSI) is based on financial need. SSI can be awarded to individuals, regardless of their contributions while part of the workforce.

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