If Your Case is Denied After Reconsideration, Do You Need a Social Security Attorney?
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by: albert.tobega
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Q: What happens at the first interview after you apply for disability through social security?
A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. This interview is the starting point for your case manager to gather pertinent information regarding your injury or condition and your work status. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Bring a picture ID. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Provide a certified copy of your birth certificate. If you are married, bring your marriage certificate. Similarly, bring documentation that provides proof of any additional dependents. Provide a DD Form 214, if you were part of the armed services. Years of service can often positively affect your benefit payments. Once all the identifying data has been collected, the interviewer will ask you about your work and injury. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Of particular interest will be wages and average number of weekly work hours. Assure you consult with your social security attorney, if applicable, before you go to that first meeting with Social Security. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. You can increase the likelihood that your case will be processed in a timely manner, if you make sure you have provided all the necessary information.
Q: How do you file an appeal if your application for social security disability is denied?
A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. Although it is not required that you have a social security attorney, it may be wise to seek the counsel of one now. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.
Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?
A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. The expertise and experience offered by a social security attorney can be invaluable, if you are confused about appealing your claim.
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