SOCIAL SECURITY LAW

DO I NEED AN ATTORNEY

You have the right to have an attorney represent you in your Social Security case. Statistics show that people represented by attorneys are successful more often than people without attorney representation. An attorney will advise you and help you protect your rights throughout the social security claims process. Remember, you should contact an attorney as soon as you receive any denial notice from the Social Security Administration. This will allow your attorney maximum time to analyze and prepare your case for a hearing before the Administrative Law judge. An attorney can help you prepare your case in many ways including research, developing areas of case law, preparing you to testify in court, cross-examining vocational experts or medical experts that appear to testify at your hearing and insuring that you receive a fair hearing.

APPLYING FOR DISABILITY

Disability under Social Security is based on your ability to work. To be considered disabled, your medical condition must prevent you from working at any job for which you are suited. Social Security will look at your medical condition, age, education, training and work experience to decide if you are disabled. There are two kinds of Social Security disabled benefits; Social Security Disability (SSDI) and Supplemental Security Income (SSI). To qualify for SSDI, you must have worked long enough, and recently enough, at employment that is subject to social security withholding. The number of work credits needed for disability benefits depends on your age when you become disabled. The amount of benefits is determined by how much you earned when you worked. There are no work requirements for SSI. To qualify for SSI, you must meet certain income and asset limitations. The definition of disability is the same under both programs. You should apply at any social security office as soon as you become disabled. You may file by phone, by mail, or in person. It will take between 60 and 90 days for your claim to be processed.

REQUESTING RECONSIDERATION

When your application for Social Security benefits has been denied, you should request reconsideration. Most people who apply for benefits are turned down on a first application, so do not be discouraged. Your request for reconsideration must be made within 60 days of the date you receive your denial of benefits. If you do not appeal an initial denial within 60 days, you may have to start the application process again, and you may lose the opportunity to recover a significant amount of past-due benefits. Your attorney can help you review the denial notice sent to you by Social Security and decide if any additional evidence or records should be submitted. You should consult with your attorney before you send in your request because the form will be put in your permanent file. Remember, you must file for reconsideration within 60 days of the date you receive your denial. (Please note that these tips are not to be used as a substitute for the advice of an attorney.)

REQUESTING A HEARING

When your application and request for reconsideration for your Social Security Disability benefits have been denied, you have another 60 days to request a hearing before an Administrative Law judge. Many people who qualify for disability benefits are denied at both the application and reconsideration levels so do not be discouraged. The importance of filing a request for hearing after reconsideration denial cannot be over stressed. Many persons who are deserving of benefits may never receive them simply because they did not pursue their claims through the appeals process. You have the right to have an attorney represent you at your Social Security hearing. Statistics show that people represented by attorneys are successful more often than people without attorney representation. if you choose to be represented, your attorney can insure that you receive a fair hearing and present your case most effectively.

APPEALING THE JUDGE'S DECISION

Your request must be made within 60 days of the date that you receive the judge's written decision. You should consult with an attorney when requesting a review by the Appeals Council. If you have not already obtained an attorney, you should try and get one now. Your attorney will need as much time as possible to prepare your case before review by the Appeals Council and to review the judge's decision to determine if new evidence is needed from your doctors. Remember, you must request review by the Appeals Council within 60 days from receiving the judge's decision. All letters to social security should be sent by certified mail, return receipt requested. (Please note that these tips are not to be used as a substitute for the advice of an attorney.)

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