Applying for Social Security Disability benefits can be a confusing process and why you need a disability lawyer. Most applicants are unaware of the process that goes on, and filling out the important documents isn’t necessarily easy either. Erroneous documents are often the most common reason that Social Security Disability claims are rejected when a lawyer is not included in the process. The Social Security Administration (SSA) can, and will, dismiss your case based upon a technicality before they even address whether or not you are medically disabled.
According to our statistics, 75% of the time a person files a case without a lawyer, they have their claim for benefits denied. Even though hiring a disability attorney is not mandatory for the process, recent statistics show that the SSA is more likely to approve your case if you have a disability lawyer.
But what difference can a disability lawyer make in helping you get Social Security Disability Insurance (SSDI) benefits?
Improving Your Chances
A disability attorney has spent years studying the disability process. Because of their experience, they know how to present your case in a way that can make getting disability benefits more likely for you. Moreover, a disability attorney can also help you get the necessary documentation from medical professionals who are working on your case, and often have special forms they have crafted and can send to your providers to fill out to strengthen your case.
The chances of your disability appeal being approved depend on the strength of your case. To determine whether your disability is “severe” as required, the SSA will use the Blue Book. Conditions that are listed in the Blue Book can get disability benefits almost instantly as the conditions and specific limitations listed in the Blue Book are so severe that the SSA acknowledges that those with these issues cannot work and are owed benefits.
However, if your case hasn’t been listed in the Blue Book, it doesn’t mean that you won’t receive disability benefits. The SSA has disability assessment centers that evaluate every case. If your disability is long term, your case will be judged according to the symptoms you are able to portray. If the symptoms of the disease you are trying to get benefits for are not noted or are not “severe”, you might not receive disability benefits.
Not getting your typical paycheck when you become disabled can be devastating when you have a family to support. If you’re a person who is looking to apply for SSDI benefits, Kahn and Associates can help.
We charge a fee on a contingency basis, so we don’t get paid until you win.
If your original case for benefits has been denied, your disability lawyer will start preparing an appeal for your case. To appeal the SSA’s decision, your disability attorney can help you collect useful evidence from medical professionals, and they can also correspond with your doctors to strengthen your case further.
It is also the job of your disability attorney to prepare you for a hearing with the Administrative Law Judge if that becomes necessary. The judge independently reviews the facts without regard to the prior denials and will make their own determination as to whether or not you are entitled to benefits. However, if you aren’t comfortable with the date your hearing is scheduled on, your disability attorney can request for the hearing to be moved to a later date so your case can be properly prepared with an attorney’s help. Judges routinely grant these requests if they are made far enough in advance of the hearing.
We get it.
As much as you would like to change or hide the bad facts in your case that are not favorable to you – this is not permissible. However, hiring an experienced disability attorney who can downplay the bad facts and shine a light on the good ones can often lead to a favorable decision in spite of these bad facts.
At Kahn and Associates, we charge a fee on a contingency basis. Meaning, we don’t get paid until you’ve received your benefits. Completely hiding these faults in your case isn’t a viable option either because the SSA demands complete transparency from the client.
In this case, the only option you have is to come clean and present your case in a way that creates a rationale around the bad facts. Regardless of how able it might make you seem – a disability lawyer many times can overcome this obstacle!
Training You for the Questions
When you get to attend the hearing, the ALJ will ask you questions about your work history and your medical history. It is key that you have an attorney to guide you through this as they can typically rehabilitate any mistakes you make in your responses to the ALJ instead of having to face this hearing on your own.
The information the ALJ might be looking for is:
- Whether you’re honest about your statements or your symptoms
- The extent to which you have been affected by the disability
- Details about your working history
- The failure or success of a past treatment
- The reason there are inconsistencies in the medical history of the client
To keep you from further damaging your case discussing the bad facts instead of highlighting the good facts, the disability attorney will identify the problems in your testimony beforehand. They’ll train you to present your story in such a way that it seems believable, and to highlight the reasons you cannot return to work.
They can also prepare you for any other common questions that the ALJ asks applicants in the hearing. Being prepared always gives you an edge!
Suppose you are disabled, and your long-term disability is a hindrance in your ability to work and make a living for your family. In that case, you should think of applying for disability benefits. Your disability attorney will collect the documents you have and start preparing your claim. You have enough stress in your life dealing with your medical issues, let us handle all the paperwork, technicalities, and take up the fight on your behalf!
Here at Kahn and Associates we take our cases on a contingency fee basis, which means we do not require any payment unless we are successful in securing benefits for you.
To learn more about your rights under the Social Security Disability laws, call our FREE Disability Hotline at 1-866-4-MY-SSDI (469-7734) to speak with one of our friendly disability rights advocates who, once they obtain all the required information, will evaluate your claim in 60 seconds or less. Alternatively, you can fill out our FREE Disability Case Assessment form and one of our representatives will contact you immediately.