Will Social Security Only Talk to Your Social Security Lawyer?
Posted 09/12/09
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. If you plan to appeal, it is best to seek the advice of a social security lawyer. 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. A large number of cases are simply turned down for any additional review after appealing to the Appeals Council. 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. To reiterate, you would be wise to have an advocate like a social security lawyer help you through this process.
Q: Will a social security lawyer coordinate with representatives from Social Security on all official matters pertaining to your claim?
A: It is best to let your social security lawyer handle all communication with the agency. 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. By doing so, you will keep your attorney in the loop and avoid possible errors. You hired a social security lawyer to be your advocate. Keep the lines of communication with your legal representative open at all times.
Q: Will every claimant approved for disability get retroactive payments?
A: Some cases will not be granted retroactive benefits. The majority of claims, however, are given retroactive payments. That is simply due to the fact that the review process for disability cases can take so long that some back pay will be due. It is important to note that you are not eligible to collect retroactive payments until you are 5 months past the established onset date of your injury. A claim that is adjudicated quickly, may not be past the waiting period for benefits and will not be awarded retroactive benefits.
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