Jul 19

Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?

A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. The exam is called a consultative exam, or CE. A CE is requested by the disability examiner who handles your case. If you are currently undergoing a hearing on your case, the judge may also request it. A CE is usually requested for two reasons. If you have not had an exam recently, a CE will provide updated information. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A request for a CE does not mean that your application is heading toward denial. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.

Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?

A: If your application for disability was denied, you should appeal and it is wise to hire a social security lawyer to help with the process. A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Often cases are denied simply due to lack of appropriate information. Having a social security lawyer on your side during an appeal process will guarantee that your case will be adjudicated properly. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.

Q: Once I submit my application, do I need to follow up with social security?

A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. In other cases, notice of approval or denial of an application may never reach the applicant. There are many stages your application must go through to be reviewed. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. Get in touch with the representative handling you case (usually referred to as the “disability examiner.”) Most applications are reviewed within 4 months. You will want to check the status of your application if you have not heard anything during that time.

Jul 6

Q: What does the application interview for social security disability benefits entail?

A: Your disability application interview will be set up shortly after you submit your application for social security disability. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. Your social security attorney will make sure you have all the applicable information and documentation for that first meeting with social security. If you do not have a social security attorney, then you will want to make sure you are prepared. Some sort of photo identification, like a drivers license or passport, is required. If you do not have a photo ID, you will be asked a series of questions to confirm who you are. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. If you have children, have supporting documents that confirm their status as your dependents. If you served in the military, bring your separation documents. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Lastly, come prepared with background on the past 15 years of your work history. Of particular interest will be wages and average number of weekly work hours. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. Having a social security attorney is not required for any part of the disability application process, but you will want to assure you come prepared to the first meeting. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.

Q: How do you file an appeal if your application for social security disability is denied?

A: The next step after a claim for social security disability benefits is not approved is to make a request for reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. By failing to meet that deadline, you will probably have to file a brand new claim and start all over. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. Most claims for social security disability benefits are not awarded until after the next step, which is a hearing. It is recommended that you have representation of a social security attorney during the hearing process. A claim must first be reconsidered before an appeal for a hearing is made.

Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?

A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.