Seek Advice from a Social Security Lawyer Before You Appeal After a Hearing
Q: At what point in the process do you appeal to an Appeals Council?
An appeal after a hearing goes before the Appeals council. When a claimant feels that a mistake occurred in a judgment to turn down his claim for benefits after a hearing, he can appeal it further. The claim will then be reviewed by the Appeals Council. The Council will do one of three things. The Appeals Council can rule that no errors were made in the proceedings and the appeal for review will be denied. If it is determined that there was a mistake in the judgment, the Appeals Council can decide to award benefits to the claimant. The last thing that could happen is for the Council to rule that an error of some kind was made and request that the claim be heard before a new administrative judge. It is wise to speak with a social security lawyer before appealing at this level. If your social security lawyer thinks a mistake in judgment or the process occurred, he or she will suggest you appeal to the Appeals Council. If, however, your lawyer does not think an error occurred, he will usually suggest that filing a new claim would be more worthwhile than appealing to the Appeals Council. The decision regarding what the appropriate next step for your claim is should be made by you and your social security lawyer together.
Q: What sort of things do they look at in a social security disability case?
Anything that provides detail about your condition, prognosis and how they impact your ability to work and do everyday tasks will be reviewed. Medical records provide a good deal of information about your condition. Blood work, MRIs, doctors comments from appointments, etc. In addition to your actual health records, the letter your doctor provides on your behalf carries great weight. Any statement provided should thoroughly outline not only your condition, but how it affects you specifically. It should describe why you cannot do certain activities (both in daily life and at work) and why. It should also describe your outlook. The letter provided by your physician is very important. If your current doctor does not support your decision to apply for disability, you should consider finding a doctor who does. Contact a social security lawyer (if you do not already have one) if you are having difficulty obtaining a solid physician statement on your behalf. If you do not know how to find a new doctor, a social security lawyer can help you with that task too.
Q: What do you do if you are not awarded disability benefits after you apply and should you hire a social security lawyer?
A: If you are denied benefits after initially applying, the next step is to file for reconsideration. It is not mandatory that your claim be represented by a social security lawyer. If you are denied after reconsideration, you will want to request that your claim be heard before an administrative judge. Many claimants decide to hire a social security lawyer when they are denied after initially applying. Most claims that are denied after the initial review will end up going through the hearing process. The majority of claims that are awarded benefits after a hearing are represented by a social security lawyer.