Do Claimants Need A Social Security Attorney for Reconsideration?
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by: albert.tobega
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Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?
A: It is not required that you have representation when applying for disability with social security. Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A lot of applications are denied after the initial review process. If your claim is submitted in the correct manner, it will assure that it is adjudicated properly. If you are confident you can do this independent of legal representation, then you may not need a lawyer. Of those claimants who are denied after the first review, many choose to hire a social security attorney for reconsideration and further steps. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. A hearing is your last chance to have your case considered. The expertise of a social security attorney will be essential to making sure your case goes through the hearing phase properly. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.
Q: If you are denied disability benefits after the initial review, should you apply again?
A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. Most initial claims for disability benefits are not approved. Your next step is to file for reconsideration. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. You will then be back where you started and have to file for reconsideration within the 60 days. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. By submitting another initial claim, you would have added significant time to your disability claim process. It may be helpful to consult with a social security attorney, if you have missed appeals deadlines or are confused about the process.
Q: Are you allowed to apply for disability insurance via the web?
A: Yes, you can apply for social security disability online. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.
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