If You Did Not Hire a Social Security Lawyer, Can You Still Get Copies of Your File Before a Hearing?

04/04/10

Q: How do you make sure you are prepared for a scheduled hearing for a social security disability claim?

A: What can be a long process for some disability claims culminates in a scheduled hearing, which gives the claimant a final chance to thoroughly present the aspects of his case. It is important, therefore, to be ready for your hearing. If you do not already have a social security lawyer, it may be wise to consider hiring one. The majority of claims that receive approval after the hearing process are represented by a social security lawyer. Although your attorney will help assure you are prepared, there are some things you can do to feel confident going into your hearing. Perhaps the most important things to have a handle on are the time and location of the hearing. Map it out ahead of time, if you are unfamiliar with the location. Account for potential traffic delays and other possible things that might add some time to your commute to the location. Being tardy to your scheduled appointment will likely mean your claim cannot be heard, which will result in long delays due to rescheduling. You want a decision to be made on your claim. Once in the hearing room, be respectful of the etiquette required in legal proceedings and wear suitable attire. Another helpful item to assure that you are ready for your scheduled hearing is confirming that the court office has received the most recent medical records for your claim. Your claim cannot be adjudicated appropriately, unless the judge has recent and thorough data about your condition. Your social security lawyer will handle this for you, if you have one. Although it may seem obvious, the final tip is to thoroughly know the details of your file and overall claim. If you have a lawyer, you need not worry so much about this one since he or she will have your files and understand your case well. If you do not have a lawyer, however, it is extremely important to request a copy of your file well before your hearing date. It is your right to obtain a copy of your file to allow you to prepare. It is best to make that request as soon as you file your appeal, so you can begin to familiarize yourself with the contents well before your court appearance.

Q: If you do not have a social security lawyer, how do you get updates on a claim?

A: A social security lawyer will keep tabs on where your case is in the process, but if you do not have one, it is smart to do it yourself. It is usually easiest to touch base with the examiner assigned to your claim, rather than the office where you filed your claim. You will need to call your local office, if you need the specific details for the disability examiner assigned to your case. It is extremely helpful to let them know it is a disability claim status matter. Alternatively, the official government web site for Social Security allows you to obtain your claim status.

Q: Are you allowed to submit a disability application with Social Security via the internet?

A: You are allowed to submit an application with the official Social Security web site. Visit http://www.ssa.gov/applyfordisability for more information. The site also has some tools to help you determine if you qualify for benefits and estimate payments.

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