Can A Social Security Lawyer Help With a Missed Hearing?

01/20/10

Q: Is my application for disability insurance more likely to be approved if I have a social security lawyer?

A: Hiring a social security lawyer cannot guarantee that your claim for social security disability will be approved. If you have a social security lawyer, you can be confident that your case will be properly and fairly reviewed. 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. If you are awarded benefits after the hearing process, your social security lawyer will walk you through applying for retroactive benefit payments and assure the correct onset date is established. A case can be approved without attorney representation. 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. Emergency and unexpected circumstances are the only reasons that will be accepted. Some common emergencies include illness, family circumstances, medical circumstances and transportation issues. If you did not know you had a hearing because you did not receive notification, contact your claim representative immediately. Make sure that all representatives handling your case have your address and phone number during all reviewing processes. An advocate like a social security lawyer will make sure that you do not miss notifications, issues with your claim or a hearing date. A notice of hearing date is sent to your lawyer and you. The administration may dismiss your case, if you willingly failed to show up for your hearing. You will then have to reapply for disability, if that occurs. If you do not yet have a social security lawyer, it would be wise to hire one to help you through rescheduling and the subsequent hearing.

Q: I am confused about the difference between social security disability insurance and supplemental security income.

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 is awarded to individuals who have limited income and financial resources. SSI is not based on work history.