Do You Need a Social Security Lawyer to Apply for SSDI?
Posted 04/06/09
Q: Will hiring a social security lawyer decrease the chances that my disability claim will be denied?A: Hiring a social security lawyer cannot guarantee that your claim for social security disability will be approved. A social security lawyer, however, can assure that your claim will be correctly filed. A fair number of applications for disability benefits are denied during the initial review process and when reconsidered. If your claim is denied, you will want to appeal and have your case heard before an administrative judge. To undergo the hearing process, it is recommended that you hire a social security lawyer. 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. You can certainly choose to represent your claim yourself. 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. Legitimate reasons are those that were not expected and emergencies. For example, you had a medical issue, were ill, had a family emergency or were unable to physically get to the location of the hearing. Some people are not even aware that a hearing had been scheduled. It is important that your claims representative at Social Security has all your current contact information, so that mailed notifications will be sent to your correct address. 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. If you knew about your scheduled hearing and missed it on purpose, your claim is in jeopardy of being dismissed. 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: Are SSDI and SSI the same thing?
A: Although both programs are run by the Social Security Administration and are offered to individuals who are injured, they are quite different. 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.