What happens if you're denied Social Security Disability? You may think that the process is over, that you have lost. You may want to quit. If you are suffering through your disability as it is, you might not have the ability to appeal. So how can you fight for your rights? You fight for your rights with an experienced disability lawyer.
But how can you afford a lawyer? You can likely get an experienced disability lawyer to only accept payment if you are accepted. If you fail to get disability, some lawyers are willing to waive the fees. This is an incredible asset. If, on the other hand, you get accepted upon appeal, and you get months if not years of back pay, you can fairly compensate your lawyer and still have the money needed to support yourself.
Appeals Lawyer
So what exactly does a lawyer do? Let's find out.
Helps Fill Out the Application
Why are the majority of social security disability applications denied on the first attempt? Simply because they are filled out incorrectly. The myth is that the SSA (Social Security Administration) is broke and cannot afford to pay. It has the money to pay you, but you must fill out the application correctly, show clear proof, and ask for aid. A lawyer can help if you are unsure or incapable of filling out the application.
Helps Proof Your Case
Your disability lawyer is vital in more than filling out the application: if you are denied, proving your disability will be crucial. In some cases, the disability is obvious, in others, such as with a mental disorder, it requires extensive proof. While you need to go to SSA approved doctors for clear proof, your lawyer can explain how you cannot work because of this condition, how it is considered to be a long term disability lasting a year or more, and why you deserve help.
Helps with Reconsideration
This new evidence found by your lawyer is crucial if you're denied on the first try. The "reconsideration" is when you submit new proof on your disability. You may have doctor statements, or hospital records, therapist reports, and possibly proof that you are incapable of working any job. All this can be gathered by your lawyer.
Helps with the ODAR Hearing
If you are denied at the reconsideration level, once again your lawyer has to work hard to proof your condition. This can still be done. At the hearing, you will have the opportunity to bring experts to report about your condition. For example, you might bring in your personal doctor who's overseen your mental condition. You may get a vocational expert to explain how it's impossible for you to work any job, or the job you were trained for. A judge will make the final decision. Yes, it can sound complex, but this is where a lawyer is valuable.
Appeals Council Level
If the judge decides against you, there is still a chance at the Appeals Council. This works much like a regular appeals court: you must prove the decisions were made were not interpreting the laws correctly. Even if you are denied here, you can go to a federal court.
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Jacob Malewitz recommends http://www.SocialSecurityHome.com for more help on applying for SSI, disability medical coverage, and handling disabilities throughout your life.
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