If Your Application is Denied, Hire a Social Security Lawyer
03/11/10
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: The Social Security Administration does not grant disability benefits for all claims due to seizures. The frequency of the seizures and whether or not you adhere to your treatments will dictate your eligibility. For approval, major motor seizures must occur at least once a month during the daytime. Minor motor seizures must occur once a week or more. In all cases, strict adherence to medication and treatment must be demonstrated. Your application for benefits will not be approved if there is any evidence that you have not been following the recommended treatments and medications. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: There is no deadline for processing an application for Social Security disability benefits, unfortunately. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. The disability examiner for your case must first request medical records. The factor that influences the delay in the majority of cases is waiting for medical records. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The file will be given back to the examiner after the medical specialist provides his expert opinion. A decision about your case is made and you will then receive a letter informing you that your case has been denied or approved. If your case is denied, you can first apply for reconsideration. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Can I speed up the process by hiring a lawyer?
A: Applying for disability with the Social Security Administration can be an arduous process. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. This will allow you to file your claim correctly and more quickly than if you had to do it all on your own. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. Most everyone advises the counsel of a social security lawyer, if you plan to appeal your case.