Duties Of A Disability Hearing Attorney Article

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Duties of a Disability Hearing Attorney

Author: Mary Jean Kuda

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Disability entails a lot of hardships. Aside from physical inadequacy, financial burden is also experienced. However, persons with disability may no longer fear for their sustenance because of disability benefits under the Social Security.

However, to apply for Social Security Disability benefits based on disability, a person must first make a claim. Usually, once an Examiner has all the medical facts gathered, a claim decision follows shortly.
Sad to say, in most cases, the decision on a disability claim will be a denial.

Disability Hearing Attorney

Winning a disability claim does not only depend on whether a case is good or bad. It also requires hard work from a brilliant and experienced hearing attorney.

According to the Social Security Administration, approximately 70% of all Social Security Disability & SSI claims for disability are denied at the Initial level. Therefore, claimants who are denied for disability benefits should not give up on their claims but, instead, should request an appeal after their claims have been denied.

Regrettably, the rate of denial on reconsiderations is even higher as over 80% of social security & SSI claims for disability at the reconsideration level are denied. If this happens, you should not be alarmed.

Social Security attorneys who handle Disability claims for a living know that most reconsiderations will be denied. The next appeal for a disability claim, of course, is a hearing with the Administrative Law Judge (ALJ).

At this stage, a Request for Hearing should always be made after reconsideration has been denied. This is because most reconsiderations are treated as a rubber stamping of the first denial. This will take within 60 days.

The claim will not go to the Office of Hearings & Appeal. A claimant's case will be assigned to a Judge who, at some point, will hold a hearing to approve or deny the claim.

The setting of the Hearing Date can take months. The claimant may either request for faster scheduling or ask a senator or congressman to inquire on their claim.

The above steps are difficult for a non-attorney to understand and follow. It is important to secure the services of a disability-hearing attorney.

A Representative’s Duty

An applicant may file a claim with or without the aid of a representative. This representative may be a lawyer or not.

Usually, a Representative does everything needed to prepare a case for its scheduled hearing. This preparation includes:

1. Obtaining a copy of a claimant's social security file

2. Securing a claimant's most recent medical records for the ALJ

3. Employing a Physician to complete statements supporting the claim holder's case and submitting these to the ALJ

Once the preparation on a case is finished, the Attorney or non Attorney Representative will study the file so, by the time of the hearing, an argument can be made for approving the disability claim.

During the hearing, the Representative will emphasize to the judge evidence supporting an Approval of the claim.

During trial, your attorney plays a significant role in the outcome of the decision. The decision will be delivered to you within 6 months or so.

If you are wise enough, you should engage the services of a disability-hearing officer for higher chances of success.

About Author

Our Social Security attorneys are experts in providing representations for disability claimants. For more inquiries and advice, log on to http://www.socialsecuritylawattorney.com/Disability-Hearing-Attorneys.html and seek the assistance of our legal staff.

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Duties of a Disability Hearing Attorney