Should I Hire a Social Security Lawyer?
04/17/09
Q:. I have seizures occasionally. Can I get disability benefits?
A: The Social Security Administration does not grant disability benefits for all claims due to seizures. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. Seizures that are categorized as major motor seizures must happen once a month or more and must occur during the day. Applicants with minor motor seizures must experience them at least once a week to qualify for benefits. In all cases, strict adherence to medication and treatment must be demonstrated. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. For applications that were complete and filed correctly, the average processing time is about 4 months. That means that within 3 or 4 months, you should be notified via letter whether or not your application was approved. Your application goes through a handful of steps as it is processed by the Social Security Administration. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. Waiting for requested medical records is what causes most application delays. The disability examiner will provide a write up summarizing your medical records, then give the file to a medical specialist to review. The file will be given back to the examiner after the medical specialist provides his expert opinion. After that, a final decision about your case is rendered and you will be given written notification of the status (approved or denied) of your case. If your case is denied, you can first apply for reconsideration. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Will hiring you make my case be processed more quickly?
A: The process of applying for Social Security disability benefits can be overwhelming and confusing. A fair number of applications for benefits are filed incorrectly or incompletely, which results in significant delays and the need to re apply. By having a social security lawyer on your side, you can confidently dive into the application process. You know you will submit an application in the appropriate way that has all the correct information. This will help your application be processed more quickly. Over half of the application submitted are not approved. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.