If I Hire a Social Security Lawyer, Am I Guaranteed to Win?
Posted 06/26/09
Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?A: Having a social security lawyer on your side does not assure that you will be awarded social security disability benefits. A social security lawyer, however, can assure that your claim will be correctly filed. Only a small percentage of disability claims are awarded after that initial and reconsideration review processes. You should file an appeal, if your case is not approved. Hiring a social security lawyer to help your case through the appeal and hearing processes is advisable. An attorney will know how to navigate the process and assure that all the appropriate paperwork and deadlines are met prior to a hearing. Additionally, if your claim is approved, a social security lawyer can help you with any issues regarding the date of onset and any back payments to which you might be entitled. A case can be approved without attorney representation. But many claimants are not willing to take a chance and prefer to have an advocate on their side through the hearing process.
Q: If you were absent from the scheduled hearing for a disability appeal, will you be denied benefits?
A: Missed hearings are not taken lightly by the Social Security Administration.If you were unable to attend the hearing for a good reason, it is likely that another hearing date can be scheduled. Emergency and unexpected circumstances are the only reasons that will be accepted. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. A social security lawyer would have assured that you knew about your scheduled hearing. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing. If your claim is let go, you will have to start the application process from step one. Consider seeking the counsel of a social security lawyer to assist you in securing a new date for your hearing and the process of the hearing itself.
Q: I am confused about the difference between social security disability insurance and supplemental security income.
A: Social Security Disability Insurance and Supplemental Security Income are two different programs. Social Security Disability Insurance (SSDI) is an earned benefit. Supplemental Security Income (SSI) is based on financial need. SSI can be awarded to individuals, regardless of their contributions while part of the workforce.