Unrepresented Claim Means Weak Case

I read an article on going to court without a legal counsel. This article was entitled, “Going to a Disability Hearing Unrepresented Can Have Unforeseen Consequences”.

As the title implies, proceeding to trial without a legal representative can lead to unfavorable outcome.

First, you must understand that not every benefits claim filed into the Social Security Administration Office is approved. The Social security is very strict in implementing their requirements, which comes to the point when even eligible cases are questioned and denied.

There are instances when the Social Security is not satisfied with the claimant’s grounds for filing an insurance claim. The following are some reasons why a person may be denied his or her application:

• Insufficient medical proof
• The impairment is not considered severe
• The impairment is caused by illegitimate reasons like alcohol and drugs
• The impairment is not expected to last at least one year
• The individual can still perform working activities
• Failure to take prescribed medication
• The individual returned to work while the application is pending
• The individual’s medical condition can be treated within a year

When a Social Security application is turned down, a claimant shall have a right to a hearing in front of the Office of Disability Adjudication and Review. He/she can file for an appeal.

Most claims are denied at the initial level, but can be approved at higher levels of review. There are four levels of appeal: /1/ Reconsideration. /2/ Hearing. /3/ Appeals County Review. /4/ Federal Court.

Although having a lawyer to represent you during these appeals, is not compulsory, it has its disadvantages. As the article stated out, many judges fail to give non-represented claimants the same degree of respect that they would normally accord to a claimant with a representative.

When a judge hearing your case sees that you came in trial without legal representation, he/she will probably decide that your case could be dispensed with quickly without any further procedures. The judge will also probably assume that you came in unprepared not knowing what your options are, and what is required of you to defend your claims. What happens after is, the judge will likely to dismiss your case without much review of your statements or investigation of evidence.

Unfair as it is, incidents like these do not normally happen. However, it is probable to happen with claimants who show up without a lawyer.

Hiring the Best Social Security Attorney for Your Claim

Social Security representatives are supposed to be experts in the field of handling Social Security applications. From evaluating your case to filing an appeal after a case denial, an experienced advocate has the capability of providing the things you need to come up with a good turn out. Because of their wide knowledge of the laws and procedures, you should not have to worry much of your application.

The aforementioned statement is true but definitely not in all cases… While a great number of Social Security experts in U.S. are able to comply with their duties to their clients, some still fail to abide by the standards of the profession. Many representatives may still bring potential damages in handling Social Security claims.

Therefore, you must be careful in appointing the best representative to assist and guide throughout the process of filing. These tips may be helpful in choosing the right one for you:

• Make sure that your representative has long years of experience in handling Social Security claims

• Check his records of successful cases

• Determine if he has undergone a formal study and skills training as regards to Social Security

• Before hiring a representative, ask him about his manner of charging fees. It is be better if he is providing his services on a contingent basis. This means that he will only receive a fraction of your benefits if the SSA already granted your petition.

• Examine his background. Ask the SSA if your representative is qualified to provide you his assistance and if he has no pending legal cases.

Most representatives are former SSA employees or any person who has wide knowledge of the system. However, most claimants prefer appointing Social Security attorney services. This is because of the fact that lawyers have undergone stricter and more extensive study about the matters involving Social Security.

So to prevent worries in hiring an incompetent representative, better settle for a Social Security lawyer in filing your claim.

Backlogs and Delay in Welfare Benefits

For most people, especially retired employees and senior citizens, disability welfare benefits are a reliable source of income. Hence, a delay in the delivery of services by federal agencies would also mean something like an interruption in their daily living.

As I read the article, “Good Luck Getting Disability Benefits in Kansas”, posted on October 29, several things crossed my mind. The article talks about Kansas as being ‘the worst state in the nation for getting your social security disability claims and welfare benefits’. According to the article, which was based on a magazine report, about 15,000 people are waiting for approval of their claims and the waiting game takes as long as 17 months to be resolved.

To add insult to injury, the article says, the Social Security Administration even planned to implement a pilot program that would give its employees a day off to focus and work on the backlogs. Rep. Nancy Boyda quickly blocked the proposal, reports said.

On the matter of receiving disability welfare benefits, I find no reason why delays in the delivery of benefits happen. Other than what I see as the faults of claimants - like incomplete documents, failure to meet deadline, inaccurate information submitted, etc. - the flow of delivery must go unhampered. I think what is more disappointing to most claimants is not the denial of their claims but having to wait for the delayed delivery of a decision. To think that disability welfare benefits are managed by the state makes it all improbable to think that a delay can happen.

Delays due to errors made by the claimants themselves are often understandable. Some individuals file their claims on their own; others are assisted by their disability lawyers. Now to make sure that no untoward delay will happen to your claim, it would be best to consult the nearest social security office in your area before filing a claim. Otherwise, you have to consult with a disability lawyer to enlighten you on the matter.

Protecting Yourself against Welfare Fraud

Seemingly, Social Security programs have been very dependable in providing proper assistance to those workers who are in need of financial aid due to their disability, retirement, poor health conditions and even their inability to sustain a decent living. Indeed, a number of these beneficiaries who succeeded in filing their insurance application with the Social Security Administration obtain greater part of their financial requirements from their monthly Social Security checks.

However, because of some deficiencies in the SSA’s system of implementing their operations, several instances of welfare fraud are being reported. With these criminal offenses, the government and even the lawful Social Security beneficiaries are losing millions or even billions of dollars.

Apparently, the frequent complaints being raised by numerous individuals regarding Social Security fraud creates a major concern for the government. Thus, the SSA has been formulating and implementing sufficient welfare fraud protection measures in order to resolve this issue or at least lessen the incidents of these deceitful practices. These measures include:

• Computerization of their system to accurately and quickly retrieve records and information

• The enactment of various laws such as the Intelligence Reform and Terrorism Prevention Act of 2004, which reinforced welfare fraud protection

• The removal of Social Security Numbers in handing over the beneficiaries’ checks and on their other parcels including their annual Social Security Statements

Welfare fraud cases are not that easy to track. Lately, those identity thieves use modern technologies to perform their illegal acts. It is then for the people to be careful and vigilant in protecting their own Social Security identities to avoid being victimized.

Further yet, if a person have noticed any discrepancies in his Social Security account, he should immediately report the incident with the SSA for proper adjustment or action. It will also be helpful to appoint a Social Security attorney to handle this case.