Is It Best to Have a Social Security Lawyer for the Hearing Process of an Appeal?
03/20/09
Q: I recently applied for social security disability benefits and was told I needed to undergo another medical exam. Is this common?
A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. Your representative will refer to it as a consultative examination. A CE is requested by the disability examiner who handles your case. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If your medical records are not very current, an exam will be helpful. Current information is usually needed to process your case. The other purpose would be to fill in some gaps in your medical information. For example, you may not have a recent test that might be necessary to determine the status of your injury. A request for a CE does not mean that your application is heading toward denial. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. If one is requested, you will have to participate in the CE. If you have any questions or concerns about your particular CE, you many wish to contact a social security lawyer.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: A social security lawyer on your side will definitely make the appeal process less stressful for you. A large number of cases initially reviewed by the Social Security Administration are not approved. If an application is not approved, it is not necessarily an indication that the case should not be awarded benefits. Some applications are not approved because of incomplete data or missteps in the application process. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.
Q: Once I submit my application, do I need to follow up with social security?
A: You should check up on your case. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. It is possible that your application could be lost. It is also possible that notification regarding a case could be lost. There are many stages your application must go through to be reviewed. You could miss deadlines if you are not notified. It is always wise to check the status of your file from time to time. Get in touch with the representative handling you case (usually referred to as the "disability examiner.") Most applications are reviewed within 4 months. If it has been longer than that for you, contact your disability examiner.
More info