subject: Importance of Representation in Disability Claims by:Mark Dacanay [print this page] A lot of disability claimants get discouraged because of the denial of their applications. But what they do not know is that being denied on their first try is a pretty common occurrence.
In fact, about 64 percent of all initial applications are denied on the first level and even more (86 percent) at the second level.
The rate of approval gets higher on the third level or the Administrative Law Judge (ALJ) hearing where most disability claims are supported by lawyer representation.
Studies showed that the level of success rate is strongly in favor of those with representation, especially when the medical evidence is less than compelling.
As a result, a lot of law firms started to focus their practice in representing disability claims.
In Los Angeles, disability claims attorneys have formed a substantial private industry around the benefits provided under the Social Security Administration.
It is recommended that a claimant seek legal help immediately after the first denial of their applications.
The disability attorney can then start assisting the client in determining if they are disabled as defined under the Social Security Act.
The client can then decide if he/she wants to pursue the reconsideration stage of their application or not. If the client decides to pursue, the attorney can then start developing ways to win their disability claim.
To help the client prepare a winning case for the reconsideration stage, the disability attorney can:
Gather medical and other evidences
Contact the client's doctor and explain Social Security regulations to get a report that is consistent with those regulations
Get documents from their Social Security File
Ask that a prior application be reopened
If the disability claim is still denied after the reconsideration stage, the disability attorney can then prepare and represent the client for the disability hearing.
A disability hearing is presided by an Administrative law Judge (ALJ) and is also known as an ALJ hearing.
Even before the ALJ hearing, the disability attorney should already be working on the case by obtaining new medical evidence and any opinion that has been developed in the client's behalf.
During the ALJ hearing, the disability attorney can then discuss and object to procedures that are not in favor of the claimant.
During the process, the claimant will be sworn in and asked some questions. The claimant should have been prepared by his disability attorney about the questions that will be asked and how they should be answered.
Once the vocational and medical experts are called, the disability attorney should be able to cross examine them to get statements that will be in favor of the claimant.
The disability attorney can then finish it with a closing argument. He should already have an idea on how the ALJ will rule after the hearing.
A typical disability hearing decision is usually issued after 2-6 weeks. If the disability claim is approved, back benefits will be received 2-12 weeks after that date.
So if you want to ensure that your disability claim will be approved, the best move to take is to hire a disability lawyer.
About the author
To pursue Los Angeles disability claims, get help from our experienced disability lawyers. Visit our website at http://www.socialsecuritylawattorney.com/ and call us toll free for legal assistance.
