Social Security Disability Law
Social Security Disability Benefits Denied?
Step One
Apply For Social Security
Am I Disable?
If you have been off work or you expect to be unable to work for 12 continuous months or more due to physical or mental problems, you should call your local Social Security office and make an appointment to talk to a Claim Representative. That person will help you fill our an Application and will ask for the names of your doctors and other medical care providers. Social Security will then obtain information on your medical condition.
Step Two
Request Reconsideration
& Contact an Attorney
What if Social Security denies my claim?
You may be awarded benifits after you initially file your claim. If not, you will be informed that you have been denied benefits and can ask for Recondiseration. Many people get discouraged at this point and do not pursue their case. However, you should call our office immediately and we will assist you in appealing your case.
Step Three
Request a Hearing
How does having an Attorney help my case?
Although you have the right to represent yourself at your hearing, or have a non-lawyer represent you, statistics show that people represented by attorneys have been successful more often that people without attorney representation. The hearing is very important because it is where you have your best chance to obtain benefits. An attorney can-and should- help you obtain medical evidence that will accurately discribe your medical condition for the Administrative Law Judge; request reopening of prior Applications; advice you about testifying at your hearing; cross examine Medical Experts and Vocational Experts that may be called to testify at your hearing; and advice you concerning your appeal rights, if you are denied benefits. He or she should also provide you with copies of all medical records and correspondence and respond promptly to your telephone calls while your claim is pending.
Step Four
Select you Attorney
Who would best represent me?
Be sure the representative you select is an experienced Social Security attorney. If an attorney or a non-attorney offers to come to your home, it may be only for the purpose of having you sign a contract saying he is your representative. If he does not help you assemble medical and vocational evidence before your hearing; help you and your witnesses prepare for the hearing; or meet with you prior to the day of your hearing, it is not adequate representation. Some law firms will even give your case to a non-lawyer for your hearing. Remember, you are always best represented by a lawyer specializing in Social Security disability law.
Scott Lythgoe
Scott acts as Coggins, Larreau & Lythgoe’s Workman’s Compensation and Social Security Disability Manager.
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