Will a Social Security Lawyer Guarantee Approval?
04/01/09
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: It is common for Social Security to request that applicants for disability undergo another medical exam. The exam is called a consultative exam, or CE. The representative assigned to your file asks for the consultative examination. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If you have not had an exam recently, a CE will provide updated information. Current information is usually needed to process your case. The second reason would be because your medical files are not complete. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. It is an indication, however, that more details on your medical condition are required in order to rule on your application. If one is requested, you will have to participate in the CE. It may be wise to seek the counsel of a social security lawyer in the event that you feel you have been treated unfairly during a consultative examination process.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: Once I submit my application, do I need to follow up with social security?
A: You should check up on your case. Your social security lawyer (if applicable) can also check your application status. It is possible that your application could be lost. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. Without knowing it, your file may not be able to go to a next step because you were not aware of information that was needed. It is always wise to check the status of your file from time to time. Get in touch with the representative handling you case (usually referred to as the "disability examiner.") Most applications are reviewed within 4 months. You will want to check the status of your application if you have not heard anything during that time.