Should You Let Your Social Security Lawyer Handle All Communications with Social Security?
Posted 10/06/09
Q: If you are still not awarded benefits after going through the social security disability hearing process, can you appeal further?A: You can do one of two things, if you are denied benefits after a hearing and still wish to pursue the matter further. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. It would be invaluable to have legal representation if you are considering appealing, so contact a social security lawyer before you make any decisions on your own. A decision from the Appeals Council will deny your request for review, overturn the verdict of the hearing or recommend a second hearing for your case. 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. Many claimants, however, feel it is worth appealing to see if their claim might be remanded and have a chance to be heard a second time. To reiterate, you would be wise to have an advocate like a social security lawyer help you through this process.
Q: If you have hired a social security lawyer to handle your disability claim, does he communicate with Social Security or do you?
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. An attorney will sometimes let representatives speak with their clients for certain situations. If you are contacted by Social Security, it is important to let your attorney know. By doing so, you will keep your attorney in the loop and avoid possible errors. 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. That being said, most cases are awarded back pay. This is because claims can often take years to receive approval. It is important to note that you are not eligible to collect retroactive payments until you are 5 months past the established onset date of your injury. 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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