Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jan 6, 2010
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. 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. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. You will need to provide a copy of your EEG and copies of your medical records. A social security lawyer may be helpful in determining if your specific situation meets the guidelines of the Social Security Administration.
Q: Why does it take so long for my claim to be processed?
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. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. 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. You may choose to submit your file for reconsideration, if you were not approved initially. In that case, your application will go through the same process with a different disability examiner and medical consultant. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. You may have to appear in court to defend your case.
Q: Can I speed up the process by hiring a lawyer?
A: Applying for disability with the Social Security Administration can be an arduous process. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. About 70 percent of applications filed are denied. A social security lawyer may have helped in many of those cases. An attorney is usually recommended if your application is denied and you plan to appeal or have your case reconsidered.