There are situations that having legal representation is necessary and certain situations having legal advice can make a huge difference. Applying for Social Security is one of the times having an attorney can make a difference. It is not uncommon to have a claim to the Social Security Administration turned down the first time applying. The next application especially with the assistance of a lawyer generally has more success in approval.
The applications for Social Security Disability between the years 2001 to 2010 as many as 53 percent of the disability claims were denied. This left about 28 percent of claims approved with another 3 percent awarded benefits after reconsideration. There were 13 percent of applicants for claims awarded benefits after an appeals hearing. In 2010 13 percent of the applicants were denied and in this number of denials it was over procedural or technical issues. The denials happened without the application for Social Security disability factors considered.
The Procedure After Denial
After a Social Security claim denial, the applicant must file a request for reconsideration. The hearing request by the applicant must file within 60 days from when the denial occurred. Filing for this hearing involves several forms that require accurate information. Since anything, incomplete could result in the request for the hearing denied. These forms required include:
SSA 3441 Disability Report Appeal, SSA 827 Authorization to Disclose Information, HA 4631 Claimants Recent Medical Treatment and HA 4632 Claimants Medications. Another form that may apply to some applicants is HA4633 Claimant’s Work Background. This is for applicants who may have worked while applying for the disability benefits.
In the event there is new evidence after filing for reconsideration, hearing it must be submitted within 10 days after the request. Failure to submit new information within this time then it will not be considered at the hearing.
Three Ways a Social Security Attorney can Help
1. The Social Security lawyer can help find any errors in the filing documents. These errors can be a reason for denial as seen in the 2010 statistics. Ensuring there is not incorrect information or missing information can help to get the claim approved.
2. The social security disability attorney chicago il attorney that specializes in this area of the law can assist in the reconsideration hearing. They have a unique perspective into the law and regulations with Social Security and Social Security disability.
3. When filing for a reconsideration hearing the lawyer is aware of the updated medical information to include and any additional information. This extra information and knowledge of the process can ensure the claim approval.
Applicants using an attorney often have a greater chance of a smooth process in approval of their Social Security or Social Security Disability claim. This hearing is in front of an Administrative Law Judge and while there is, no requirement for legal representation the attorney will know what the judge expects. They can present the claim in a way an applicant cannot due to their understanding of the law.
Three Reasons to have a Social Security Attorney
Admin - May 3, 2017 - 0 comments