Should You Let Your Social Security Lawyer Handle All Communications with Social Security?
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by: albert.tobega
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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. Some claimants choose to simply submit a brand new application and undergo the initial review process once more, while others make an appeal with the Appeals Council. 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. It is uncommon to find a reversal of the decision made by an administrative judge during a hearing. 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. Depending upon your case, it might be worthwhile to appeal in the hopes that the Appeals Council will remand your case. 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: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. Social Security will usually contact only your attorney. 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. This just eliminates an opportunity for confusion. Your social security lawyer is there to help your case. Always communicate honestly and frequently with your attorney.
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. Please keep in mind that there is a 5 month waiting period from the date of onset of your condition until you can begin to collect back pay. 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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