Although it is possible to apply or appeal decisions for Social Security Disability (SSDI) or Supplemental Security Income (SSI) without the help of a legal representative, there are many reasons why it is helpful to have legal representation from an attorney/lawyer. Experience is probably the number one advantage that hiring an attorney provides an individual. Most individuals will never have to apply for Disability Benefits, and hopefully for those who do; they do not have to experience the process more than once. That means that the overwhelming majority of individuals applying for benefits are inexperienced in the process.
My goal is to make the process as easy as possible for my clients. To achieve my goal, there are several areas during the process that I provide assistance with. Below is a brief summary of the types of services that I provide when representing a client with a Disability claim.
- Inform clients on how the process works – I provide my clients with an overview of the entire Social Security disability benefits process. I explain the criteria that must be met to be found disabled, the disability application process, and how the appeals process works. I advise my clients on areas of weakness of their claims and provide suggestions on how to improve chances of success.
- Prepare claimants for application process – If a client has not yet applied for benefits, I review the disability application with them, answer questions to help understand the process, and provide information about documentation that is necessary to file an application. If I determine that I can offer my assistance, normally my office can even assist with the actual filing of the disability application.
- Assist clients with completing any questionnaires or forms – The Social Security Administration and the Disability Determination Service requires the completion of several questionnaires and forms while a disability application is being processed. My staff is available to help my clients complete forms, to answer questions about forms, and to review the forms for accuracy before they are submitted. Providing incomplete or inaccurate information in these forms can cause a disability application to be denied.
- Answer questions while application is pending - My office is available to answer any questions that my clients have while an application is pending and to explain any letters received from the Social Security Administration. Normally we are able to update clients on the status of their claims, and explain why additional information is necessary. I explain to my clients what they should expect while waiting for a decision, and provide a list of events that I must be notified about because of potential impact on their disability claim.
- Assist the Social Security Administration with obtaining information - The Social Security Administration is responsible for obtaining all medical records from treating doctors/healthcare providers during the initial application and reconsideration stages of the disability process. Unfortunately, doctors/healthcare providers do not always respond to the Social Security Administration’s requests for information. My office communicates with the Social Security Administration to assist in obtaining documentation when doctors are not being responsive. My office also informs the Social Security Administration when a new doctor is added.
- Update the Social Security Administration on medical changes - The Social Security Administration can only consider medical conditions it is aware of. If my client’s condition changes after they initially apply for benefits, it is important for the Social Security Administration to be updated. My office will make sure that the Social Security Administration is updated about medical condition changes and new doctors seen. This insures that the Social Security Administration has the information necessary to accurately decide the disability claim.
- Review all disability determinations/decisions - It is important that the Social Security Administration’s disability decisions be reviewed for accuracy. Even when a claim is approved, an individual may not receive all of the benefits they are entitled to. I review decisions with my clients and determine if there is any reason to file an appeal. If it is necessary to appeal a decision, I submit an appeal on behalf of my clients after obtaining medical updates. If my client is approved for benefits, I review and explain the decision with my client and advise my client of continuing requirements they have in providing updates to the Social Security Administration.
When an individual is applying for Social Security Disability/SSI benefits, their entire future is normally based on the outcome of the claim. Realizing the importance of the process, I do everything I can to help my clients receive a favorable outcome as soon as possible. Since I only handle Social Security Disability/SSI claims, I have experience and knowledge of the entire process. An experienced legal representative is able build a disability file so that it is easier for the Social Security Administration to quickly and accurately decide a disability claim.
It is important for anyone that is applying for Social Security disability benefits to realize that they have a right to complete the entire Social Security disability process with the help of an attorney, and to understand the advantages of having legal representation. I view my job to be that of an advocate and an educator for my clients. I believe that it is important that my clients understand the process they are involved in, and that they have support to make the process easier.
This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.
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