Under the Social Security Disability and Supplemental Security Income system, a claimant can file on their own. They can do so online at www.socialsecurity.gov, or by calling 1-800-772-1213. However, while a claimant doesn’t need an attorney to file for Social Security Disability or Supplemental Security Income, having an attorney provides a great deal of advantages. A Social Security Disability law firm has attorney’s and staff on hand to help a claimant through every step of the way, from initial filings, appeals, meeting and reminding claimants of deadlines, to representation at a hearing.
THE INITIAL APPLICATION: An attorney’s office can help an individual claimant file his initial application. The attorney or professional staff member will work closely with the claimant, trying to find out every doctor source, a work history, dates when the claimant stopped working (or was first bothered by the disabling conditions), and everything else necessary to file the initial application. The office will keep all the evidence of receipt on hand, in case there is any dispute as to when it is received by Social Security. The office will make sure the initial application is as complete and informing as possible, so if there is an opportunity for the claimant to win on the difficult lower levels, that opportunity will not be missed. The attorney office will also send questionnaires out to supportive doctors who are treating you, asking specific and pointed questions about your capacities to do work. While the initial application is pending, we will be cc’d on all your mail from the SSA regarding your claim. This will allow us to give reminders to you as to deadlines for paperwork, or CE appointments, to make sure they are met, and the process goes smoothly.
REQUESTS FOR RECONSIDERATIONS (in states where they apply): If a claimant gets denied on the initial application level, the attorney office, in most cases, will also receive the denial letter, and waste no time in reaching out to the claimant. The attorney office will then go over all the necessary facts to file the appeal, and make sure the 60 day filing deadline is met. If, for whatever reason, the attorney office cannot get into contact with the claimant as the 60 day deadline approaches, the attorney office will file protectively online, stopping the 60 day clock for the claimant. We will also maintain all the printouts of the online receipts, to prove receipt by the SSA. If, for any reason, the online appeal process is not available (The US Government can get IT issues of its own), we will file the appeal using US Mail and SSA paper forms. While the request for reconsideration is pending, we will also be serving as reminders to the claimant to meet any paperwork deadlines.
During both these processes, if a claimant updates his/her address, or has new medical tests, seeks treatment at a new facility, has a trip to the ER, or a hospitalization, we will be updating Social Security, to make sure they retrieve the medical records for those visits (increasing the amount of evidence for the claim), and making sure the time sensitive mail goes to the right place.
HEARINGS: A claimant’s attorney’s office will be cc’d on any denial where the next step is to request a hearing. That office will waste no time in contacting the claimant (or filing protectively if they can’t). The attorney office will go over with the claimant, all the facts necessary for the disability report to accompany the appeal. As the actual hearing date approaches, the attorney office will request medical records from the claimant’s treating sources, to further build the evidence of record. The attorney will prep the claimant for the hearing, letting him or her know everything to expect at the hearing. At the hearing, the attorney will make arguments to the judge, ask questions of the experts, and even ask questions of the claimant, highlighting specific points of information that is beneficial to the claim.
If the hearing results in an Unfavorable Decision, the attorney office can then advise the client as to whether the next best step is to appeal to the Appeals Counsel in Virginia, or re-file the claim. If the best next step turns out to be an appeal, the attorney office can help the claimant meet the deadline for the appeal, and, if necessary, write a brief to the Appeals Council, highlighting why a reversal or a new hearing may be the best course of action.
One of the most important goals that a Social Security Disability Attorney’s office achieves is keeping the claimant informed every step of the way. They help the claimant know what is going on with the claim, why Social Security is taking an action, or not taking an action, and keeping the claimant informed of their rights. This helps the claimant make well informed decisions during the claim, and ensures a smoother process. While a claimant can go through the process alone, it can be nice to know that a claimant doesn’t have to.
