subject: Ssdi Law And The Difficulties In Getting Approved For Disability [print this page] A lot of people who apply for Social Security disability benefits are shocked when Social Security sends a letter back saying that their application has been denied due to not being disabled. Many feel that it is quite obvious that they're disabled. Unfortunately, SSDI law makes it difficult for many people to qualify for disability. A lot of people are shocked with receiving their Social Security denial letter due to being accepted for state disability insurance benefits and private disability benefits. Unfortunately, the standards needed to get Social Security disability are among the toughest. Fortunately, there are ways for denied applicants to get approved via appeal.
An important part of a successful appeal is to get a Social Security disability lawyer who is very familiar with SSDI law. Ideally, Social Security cases should be a major part of the lawyer's practice. The person who is applying for disability benefits from Social Security should be concentrating on his or her health. The disability applicant should leave all of the worries regarding the Social Security disability appeals to the lawyer. This area of the law is very complex and involves reading medical reports. This is why most applicants should consider hiring legal counsel when appealing their cases.
The services of a Social Security lawyer are not free. However, most applicants for disability can pay for the legal services on a contingency basis. This means the disability applicant owes nothing unless the case is won. If the case is won, the lawyer wins a percentage of the applicant's back pay, which represents all of the disability benefits earned since the beginning of the application period. Although it may not seem fair for applicants to lose such a large part of the back pay, it is preferable to losing everything by failing to win the appeal. Unless there is an agreement to the contrary, there is no amount owed to the lawyer for future Social Security benefits. Future payments belong to the client. That is why it is worth it for most applicants to hire a lawyer.
The lawyer dealing with SSDI law will have to do a few things. First of all, he will have to make sure that all medical evidence has been gathered from the patient's various medical providers. After all of the medical records have been received, the next thing to do is to read through the entire file. The lawyer has to figure out how the evidence in the medical records can help support disability as defined under the law. The medical record is what the lawyer is going to use when arguing for the granting of Social Security disability benefits. Although the judge in the appeals hearing has read the case beforehand, he or she is likely not as familiar with the case as the lawyer. This is why represented applicants have a better chance of getting approved on appeal.
Another important part of SSDI law is the presence of the vocational expert. This person is brought in by the administrative law judge to help the judge decide whether or not to grant benefits. Many lawyers fear that the case is going to go against the client when this person appears. However, a good cross-examination can allow the client to still win the case. A good Social Security disability lawyer will not admit defeat when the vocational expert is present. However, a lawyer who doesn't cross-examine the vocational expert well will probably lose the case.
SSDI has made it tough for many people to get approved for disability benefits. However, a lawyer who understands the laws and regulations used by Social Security can successfully win the case for many on appeal.
