Disability Lawyer: Required or Not?

I have written in my previous blog that a disability lawyer is not required when applying for Social Security benefits.

Do not get me wrong it does not mean though that the services of a disability lawyer are no longer required in all cases and at all times. Of course, it is a case-to-case basis.

At the initial stage, a claimant may opt to claim by himself. But when the claim is denied it would be advisable to seek professional legal help.

A disability lawyer could pin point what information you failed to disclose or documents you failed to submit and could make the necessary requirement in the information or documents to suit your claim.

Usually, an applicant whose claim was denied would file a new claim. They somehow had the notion that filing a new claim is better than filing a timely appeal.

Well, the thing is once a claim is denied and a new claim is filed, chances are it would be denied again. No wonder some claimants have been denied as many times as they are filing their SSD or SSI cases.

Although to some the services of a disability lawyers at the initial stage are an option, certain claimants may benefit from their representation.

Claimants suffering from memory deficiency or physical impairment have the most need for their services, especially in going to scheduled consultative exams, returning forms and filing disability appeal.

Legal representation is a brilliant idea in these instances. Claimants should consider it to avoid further delay and denial of claims.

Doctor’s Role in Claiming Disability Benefits

When applying for disability benefits with the Social Security Administration, documents including medical records must be submitted. These documents are required to avoid scrupulous applicants and fraudulent claims.

Typically, Social Security would want a twelve month medical history including medical notes to evaluate the eligibility of the claimant and veracity of the injury. It could schedule mental, medical and consultative examinations to obtain medical information.

This one time consultative examinations would determine the medical condition of the claimant. However, medical examiners are required to send claimants to further examination if they feel that medical evidence is insufficient or lacking.

A consultative examination may include not only the doctor’s findings on the claimant’s condition but also observations before or after the actual examination.

The question now is would your claim be granted despite not having been seen by any doctor?

The answer is no. You must be seen either by a Social Security doctor or a consultative physician.

Some doctors are biased against the federal disability programs. This bias could work against the claimant. Consequently, the claimant should strictly adhere to the documentary requirements for greater chances of approval.

Backlogs to Prolong Claimants Agony

In its natural process, Social Security claims are already time consuming by itself. In fact, it takes months and even years to approve a claim, not to mention the appeal or reconsideration included therein.

If you say that appeals or reconsiderations are the only barriers to your claim, then you are wrong.

The Social Security disability hearings backlog is taking a toll on a previously slow system of Social Security claims.

The National Organization of Social Security Claimants’ Representatives (NOSSCR) urged those who have been affected by the backlog to speak with their Senators and House Representatives.

NOSSCR is committed to provide the highest quality representation and support on behalf of persons seeking Social Security and Supplemental Security Income.

Backlogs surrounding Social Security have not been explained fully. Some say because of lack of manpower which I think has a simple solution – hire people. Certainly, it made the current condition even worse.

With the threat of foreclosure, worsening health, homelessness, bankruptcy or family disintegration, benefits from the system would surely go a long way.

NOSSCR advised claimants to attend the Congressional hearing this March 12 and share their stories.

Government has the power to change and cure this backlog problem. By sharing your stories, they would be apprised of how bad it is.