Can a Social Security Lawyer Help You If You Were Denied After a Hearing?
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by: albert.tobega
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Q: Do you have any options once your claim is heard before an administrative judge and you are still denied disability benefits?
A: You do have a couple courses of action if you want to continue your pursuit to be awarded benefits after being denied during the hearing process. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. It would be invaluable to have legal representation if you are considering appealing, so contact a social security lawyer before you make any decisions on your own. After your appeal is reviewed by the Appeals Council, you will receive notification that your claim will undergo a second hearing, the decision made by the judge was overturned or that you have been denied an additional review. The Appeals Council hardly ever overturns the official decision of the judge. More frequently, a case will be remanded after it is appealed at this level, which means that it will be heard by another administrative judge. Most claimants are denied after they appeal at this level, though. Many claimants, however, feel it is worth appealing to see if their claim might be remanded and have a chance to be heard a second time. Again, it is recommended that you have a social security lawyer or other representative by your side during an appeal at this level.
Q: Will a social security lawyer coordinate with representatives from Social Security on all official matters pertaining to your claim?
A: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. All communication from Social Security will be directed to your lawyer, rather than you. In some circumstances, your lawyer will allow a claims representative or examiner to contact you directly. If you are contacted by Social Security, it is important to let your attorney know. This just eliminates an opportunity for confusion. You hired a social security lawyer to be your advocate. Always communicate honestly and frequently with your attorney.
Q: Does everyone who is awarded disability benefits receive back pay?
A: Some cases will not be granted retroactive benefits. That being said, most cases are awarded back pay. This is because claims can often take years to receive approval. Please keep in mind that there is a 5 month waiting period from the date of onset of your condition until you can begin to collect back pay. For a fortunate claimant that is approved for benefits within a couple months, back pay may not even be applicable.
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