Things to know about your social security disability claim

Is there a need for an attorney?

The first thing you should know about your social security disability claim is that the amount you will receive if successful depends on how much you worked in the past and the amount you earned while working, or your spouses earnings if a widow, and the parents earning for children.

You should also be aware that having an attorney makes a lot of sense. Most lawyers do not collect a fee if your claim is not won and those applicants represented by legal counsel are much more likely to win their claim. A lawyer managing your social security disability claim can also ensure that all your paperwork is filed correctly, ensuring a greater chance of success.

One of the most important things you should know when it comes to disability social security, is that patience is a virtue. Even if you fill out the application correctly and all your documents are in order, it takes three to six months for the social security administration to make a decision. You will be informed by mail. If you are successful you will start to receive your social security disability claim benefits monthly, along with back pay. Back pay will be covered all the way to the point of the original application date and 12 months previously if you can prove you were disabled then.

If you aren't successful, the appeals process can take up to a year to have a hearing and then several more months for a decision to be made. You should not be surprised if you are denied on your first attempt, which makes it a good reason for your disability social security process to be managed by an attorney. Approximately only 40% of claims are approved at the initial application.

If you are unsuccessful in your social security disability claim and feel that the SSA has made an error in their decision, you should appeal the decision. The appeals process is a four-step process. The stages are Reconsideration, Hearing, Appeals Council Hearing, and Federal District Court Appeal.

In the Reconsideration stage, the claim will be resubmitted for review by an SSA representative not involved in the initial denial decision. Unfortunately, the denial rates at this stage are as much as 85%, so it is likely that the case will need to go to Hearing.

In the Hearing stage, the social security disability claim will go before an Administrative Law Judge. The claimant will be allowed to present evidence, bring forth witnesses, and answer questions to support his or her case before the judge. The judge will give a written decision that is then passed onto you from the SSA.

If you still disagree with the disability social security decision, the case can be brought before a Social Security Appeals Council. The council can deny the appeal, send the case back to an Administrative Law Judge for review, or hear and decide the case itself.

If the result of the Appeals Council Hearing is still unsatisfactory, the only recourse is to attempt to file a lawsuit in Federal District Court.

All of these are reasons for your social security disability claim to be handled by an attorney.

Contact the Ohio personal injury attorney team of Gounaris Denslow Abboud, Co., LPA for your free case analysis at (937) 222-1515.