After You Hire a Social Security Lawyer, What Happens?
Posted 01/10/10
Q: What is the first thing that will happen after you obtain representation from a social security lawyer?A: The first thing a social security lawyer will do is familiarize himself with everything in your file, as well as your current medical information. Your attorney will want to thoroughly understand your case. Recent medical information is perhaps the most important thing for a social security lawyer, particularly if your case is in the hearing phase. After a claim has been through the reconsideration phase, updated medical records will not be requested by Social Security. Consequently, your medical information may be severely outdated when you finally get to your hearing date. To be considered for continuing disability benefits, a case undergoing a hearing will need to have the most recent medical data and your attorney will make sure that happens. It is recommended that your medical data be no older than 2 months.
Q: If you are looking for a social security lawyer, what types of things should you be aware of?
A: You should have a standard list of questions for any social security lawyer you are considering hiring. For a lawyer that is part of a law firm that deals with various types of issues, you may wish to ask what percentage of their cases pertain to Social Security issues. Ideally, you would choose a lawyer that focuses on social security at least 1/3 of the time. You want your lawyer to be skilled at these types of cases and percentage of caseload is a good indicator of how frequently he has to dive into Social Security topics. Another question for a potential lawyer is the number of cases he has represented in court. Generally, a newbie will not be nearly as polished as an attorney who has been in court 80 times. Knowing if the attorney has represented cases with similar health conditions to yours can be helpful too. Many attorneys recommend simply asking a potential social security lawyer about the challenges he sees in your case and how he can help. Finally, ask if he or someone else will be the one with you when your case goes before an administrative judge. One thing you should not be concerned about is how many cases an attorney has won or lost. Social Security claims differ so much and you do not know if an attorney took on simple or more challenging cases. The ratio of wins to losses, therefore, will not help you know if he is the right lawyer for your case.
Q: Will Social Security look at all resources when determining eligibility for Supplemental Security Income?
A: All assets and resources will be considered when you apply for SSI. Those who have more than $2,000 in assets will not be eligible. The home you live in is not a countable asset. The main car you drive will also not count against you. Additional cars and property, however, do count. Your investment portfolios, checking accounts and policies with insurance companies are other examples of assets.