by: Mark Dacanay
Disability claims with lawyer representations have a higher rate of getting
approved compared to those who don’t any legal counsel.
That is why it is recommended that a claimant consult a disability attorney
at least after the denial of the first application.
However, claimants should also be careful about choosing a disability
attorney as there are unscrupulous lawyers and law firms out there that are
just looking for a quick buck.
Before making a choice, the claimants should first understand what a
disability attorney does.
A disability attorney should be able to help the client “customize” their
claim to make it winnable according to the standards and regulations set by
the Social Security Administration.
These includes, taking evidences and talking to subject matter experts to
support your claim.
The disability attorney could also talk to the claimant’s doctor to explain
to him what the administrators are looking for in a claim. This would help
the doctor in creating a report that fits the description.
If the claim is denied a second time, the disability attorney should be able
to represent the client in a hearing with an administrative law judge or ALJ.
An ALJ hearing is very informal compared to other judiciary hearings.
Aside from the administrative law judge, the only other persons present
during the hearing would be judge’s hearing assistant, experts that are
asked to be present, the claimant and his/her disability attorney.
As for experts, the judge may call on vocational experts who are
knowledgeable with various types of jobs and what physical abilities are
required for each, and medical experts who are knowledgeable with the
effects of certain conditions.
Sometimes, the disability attorney will call on friends or family of the
claimant as witnesses if necessary.
The disability attorney should be able to discuss and object to certain
procedures that may be unfair to the claimant.
Next, the disability attorney could swear the claimant in and start asking
questions.
The claimant should be have been prepared by his lawyer on what questions to
expect and how they should answer (which should be truthfully).
After that, the disability attorney may call on the vocational and medical
experts for their testimonies.
A good disability lawyer should be able to cross examine the experts to get
statements that would be in favor of the claimant.
Depending on how the case came together, the claimant’s lawyer may also
choose to end it with a closing argument.
A good disability lawyer updates his/her client on the status of their
claim. He/she should already have an idea of how the ALJ will rule.
An ALJ decision is not usually announced after the hearing and the claimant
may wait for about 2 – 6 weeks before a written decision can be issued.
If all goes well, the claimant should be able to receive their benefits 2 –
12 weeks after that date.
One final thing, the disability attorney should also be able to compute if
their clients will be receiving the right amount of benefits.
Claimants should be assured that they will be getting the full amount of
benefits they deserve.
About The Author
Our disability attorneys provide legal assistance in filing for disability
benefits. For consultation, log on to our website at http://socialsecuritylawattorney.com/
and dial our toll free number.
Source :
ArticleCity
Tags:
disability attorney-disability
attorneys-social
security disability attorney-security
disability attorney-social
disability attorney
|
