Should You Have a Social Security Attorney to Help with a Disability Benefits Appeal?

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 fair number of claims are not approved after they go through the first review. 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. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If your case is denied after reconsideration and you plan to appeal to have it heard before an administrative judge, legal representation would be very beneficial. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.
Q: Is it better to submit a new application after your disability claim was not approved, or to appeal?
A: It is not recommended that you apply again to have your case initially reviewed. The majority of applications for social security disability are denied after the initial review process. Your next step is to file for reconsideration. You must apply for reconsideration within 2 months of notification of denial. If you do not submit the paperwork within that timeframe, you give up your right to appeal and have to submit a brand new application at step one. Most likely, since your claim was not approved after the initial review the first time, it will not be approved the second time. You will then be back where you started and have to file for reconsideration within the 60 days. If you are denied after your case was reconsidered, you will have to move on to the hearing process. Applying for initial review a second time would have wasted your precious time. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.
Q: Can you submit an application for social security disability online?
A: Yes, you can apply for social security disability online. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)