Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jun 11, 2009
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. For approval, major motor seizures must occur at least once a month during the daytime. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. The factor that influences the delay in the majority of cases is waiting for medical records. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The medical specialist renders an opinion and hands the file back over to the examiner. A decision about your case is made and you will then receive a letter informing you that your case has been denied or approved. You may choose to submit your file for reconsideration, if you were not approved initially. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Can I speed up the process by hiring a lawyer?
A: The process of applying for Social Security disability benefits can be overwhelming and confusing. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. You know you will submit an application in the appropriate way that has all the correct information. This will help your application be processed more quickly. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. Most everyone advises the counsel of a social security lawyer, if you plan to appeal your case.
The physicians who provide CEs for social security disability claims are not Social Security doctors. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.
Q: Is it possible to get retroactive benefit payments for social security disability?
A: Many social security disability claims are awarded back payments for benefits. The main reason for this is because the review process for claims can take a considerable amount of time. Applicants can accrue benefits retroactively from the date of application and, in some cases, up to a year prior.
A doctor who has not previously treated you will most likely provide the scheduled exam. Speak with the social security disability examiner assigned to your case if you believe you have not been treated fairly by the doctor who provided your CE. You may object, for example, if the physician has examined you before for an insurance or work related claim. The Social Security Administration does not necessarily have a staff of doctors on the payroll to handle consultative exams. The physicians who conduct the exams are independent physicians that have a contract to provide such services to the agency.
Simply great.
If, on the other hand, you believe that you were overpaid due to your own mistake, you will probably need to pay the money back. A social security lawyer will tell you that your best option is to speak to the SSA about scheduling payments. This will allow you to repay the money as you are able. Don’t know whether to choose the first, second, or third option? Speak to a social security lawyer.
Q: Is somebody who is legally blind eligible for Social Security Disability?
A: According to Social Security, “legally blind” means your vision cannot be corrected to more than 20/200.
Great post.
Great information. Totally great.