Should You Let Your Social Security Lawyer Handle All Communications with Social Security?
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by: albert.tobega
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Q: Do you have any options once your claim is heard before an administrative judge and you are still denied disability benefits?
A: You can do one of two things, if you are denied benefits after a hearing and still wish to pursue the matter further. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. If you plan to appeal, it is best to seek the advice of a social security lawyer. After your appeal is reviewed by the Appeals Council, you will receive notification that your claim will undergo a second hearing, the decision made by the judge was overturned or that you have been denied an additional review. It is uncommon to find a reversal of the decision made by an administrative judge during a hearing. It is more common, however, for the Appeals Council to suggest that the claim go through another hearing (called a "remand.") A large number of cases are simply turned down for any additional review after appealing to the Appeals Council. Depending upon your case, it might be worthwhile to appeal in the hopes that the Appeals Council will remand your case. To reiterate, you would be wise to have an advocate like a social security lawyer help you through this process.
Q: If you have hired a social security lawyer to handle your disability claim, does he communicate with Social Security or do you?
A: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. Social Security will usually contact only your attorney. An attorney will sometimes let representatives speak with their clients for certain situations. If you are contacted by Social Security, it is important to let your attorney know. This just eliminates an opportunity for confusion. You hired a social security lawyer to be your advocate. Always communicate honestly and frequently with your attorney.
Q: Will every claimant approved for disability get retroactive payments?
A: Some cases will not be granted retroactive benefits. The majority of claims, however, are given retroactive payments. This is because claims can often take years to receive approval. Please keep in mind that there is a 5 month waiting period from the date of onset of your condition until you can begin to collect back pay. A claim that is adjudicated quickly, may not be past the waiting period for benefits and will not be awarded retroactive benefits.
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