Apr 10

Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?

A: It is not required that you have representation when applying for disability with social security. A fair number of claimants apply on their own and make it through the initial review process without trouble. You may wish to have a social security attorney, however, if you are concerned about getting paperwork in on time or do not understand the process or requirements for making a claim. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. Most cases that are approved after a hearing have representation.

Q: Is it better to submit a new application after your disability claim was not approved, or to appeal?

A: It is not recommended that you apply again to have your case initially reviewed. Most initial claims for disability benefits are not approved. Your next step is to file for reconsideration. The deadline for filing to have your case reconsidered is 60 days. If you miss that deadline, you will then have to apply again and go through the initial review process. If your initial claim was denied once, it is likely it will be denied again. You will then be back where you started and have to file for reconsideration within the 60 days. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. Applying for initial review a second time would have wasted your precious time. It may be helpful to consult with a social security attorney, if you have missed appeals deadlines or are confused about the process.

Q: Can you submit an application for social security disability online?

A: Yes, you can apply for social security disability online. Social Security has a section on its web site to help walk you through applying online (www.socialsecurity.gov.)