Social Security disability benefits provide a lifeline for millions of Americans unable to work due to physical or mental impairments. However, navigating the Social Security Administration’s complex claims process can be daunting, especially when already dealing with health issues. This is where Social Security lawyers come in.
Social Security attorneys specialize in guiding clients through the disability application and appeals process. Their expertise significantly increases claimants’ chances of being approved for benefits. Read on to learn more about how these legal professionals assist people in obtaining the financial support they deserve.
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Know When You Need a Social Security Disability Lawyer
If your initial claim for Social Security disability benefits gets denied, consulting a lawyer should be your very next step. Statistics show that at the initial stage, around two-thirds of claims get rejected. Don’t take this as the final verdict. There are several levels of appeal, and a lawyer’s specialized knowledge can prove invaluable.
In fact, it’s highly recommended to contact an attorney as soon as you get your denial notice. This allows you to start strategizing the reconsideration appeal right away. The lawyer can immediately request your file and identify potential issues or missing information.
You may also want to loop in a Social Security lawyer earlier in the process. An experienced attorney can advise you on eligibility requirements and ensure your application sets up the strongest case possible. Having a legal expert guide you from the beginning maximizes your chances of approval.
Receiving Expert Help With Your Initial Application
The very first step in securing Social Security disability benefits is submitting a detailed application. This lengthy form requests information on your work history, medical conditions, and functional limitations.
Filling out the initial application is your opportunity to paint a clear picture of your disability and its impact on your ability to work. You want Social Security to gain a full understanding of why you cannot support yourself financially.
This is where working with a lawyer right off the bat can be advantageous. An attorney experienced in Social Security claims will ensure you submit a strategically written application. For instance, they can help determine the most advantageous alleged onset date of your disability.
Social Security consultants review your application to see if you meet the Administrations’ strict disability criteria. For physical and mental impairments, you generally must match or equal criteria listed in the “Blue Book” manual of disabling conditions. An adept lawyer will advise you on framing your condition to fit these classifications.
How Lawyers Guide You Through Appeals for Denied Claims
If Social Security denies your initial claim, don’t panic. Very few applicants get approved right out of the gate. The good news is you now have the right to appeal, and a lawyer can help navigate this process.
The first appeal after a denial is called a reconsideration. At this stage, a different evaluator will review your case and application. Here, your attorney can step in to strengthen your claim by obtaining additional medical evidence. Letters from your doctors explaining your limitations are invaluable at this point.
Should the reconsideration also end in denial, you can then request a hearing before an Administrative Law Judge (ALJ). Going before a judge provides the opportunity to explain your case face-to-face. Your lawyer will prepare you for this hearing by helping draft legal briefs and arguments.
At the hearing itself, your attorney will provide testimony highlighting facts that demonstrate your disability. From cross-examining witnesses to presenting exhibits, they will leave no stone unturned in proving your impairments prevent gainful employment.
If the ALJ decides against your claim, there are still a couple venues of appeal left. First is a review by Social Security’s Appeals Council. Here, your lawyer’s written arguments outlining legal errors in your case become critical.
Should the Appeals Council uphold the unfavorable decision, you now have the right to file a disability lawsuit in federal district court. Going before a federal judge provides one final chance at a legal ruling in your favor.
Your Social Security disability lawyer’s experience with appeals gives you the greatest shot at success during these last stages. Their intricate knowledge of disability law allows them to construct strong, compelling legal cases. Without expertise in Social Security statutes and regulations, making headway at higher appeals is extremely difficult.
Benefits of Hiring a Social Security Lawyer
The advantages of having professional legal representation throughout your disability claim are clear. But how exactly does hiring a Social Security attorney work?
First, understand these lawyers do not charge any upfront fees. They operate on a contingency fee basis, collecting payment only if and when you win your disability benefits. This means their incentive is wholly aligned with yours – they only get paid if you become approved!
The contingency fee is capped at 25% of retroactive benefits awarded, up to a maximum of $6,000. This means the fee comes directly out of the backpay you receive, and not your ongoing monthly benefits.
Overall, statistics definitively show claimants with qualified legal help are vastly more likely to get approved at each appeal level. For your best shot at finally obtaining your entitled Social Security benefits, seek assistance from a lawyer who specializes in representing disability claimants.
Conclusion
The Social Security disability process is complex, confusing, and downright frustrating. Having an expert guide you through the intricacies provides peace of mind and drastically improves results.
Social Security lawyers are well-versed in disability statutes, evidentiary requirements, and winning legal strategies. Their sole aim is to show how your medical impairments prevent you from maintaining employment. With in-depth knowledge of this convoluted system, they can efficiently navigate the application process and build a compelling case.
If you truly cannot work due to disability, don’t go at it alone and risk being wrongly denied again. Consult a Social Security attorney to obtain the critical financial support you both need and deserve.
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