SSDI Attorney - Don’t Underestimate the Importance of Appeal

If you are having difficulty claiming social security disability benefits, an attorney can be your advocate and help you secure your rights as well as a comfortable future. There is a current increase in applications for SSDI due to layoffs and the rising population of the elderly, but that doesn’t mean you were fairly rejected. It is estimated that less than 40 percent of applicants receive SSDI within four months of their first submission, but a larger percent are granted benefits upon contestation.

Medical records are the most important evidence to give to an attorney. In many cases, your lawyer will seek out the paperwork on his own accord, but may request some further information from you, such as doctor names, past injury information, and personal accounts of the situation. When applying for SSDI, it isn’t just your current or most immediate disability that is taken into account. Past injuries or recurring problems such as episodes of mental illness are all influential on the outcome. It is also important to remain up to date on medical appointments during the process. Someone who willfully neglects their wellbeing will be looked upon suspiciously and the claim may be denied.

Keeping up to date on the process is also crucial for approval. It can take months for an application to be accepted upon appeal, and most people can’t afford to lose back-owed compensation. You are entitled to benefits from the day that you placed your first application, so it is important to act quickly. In most cases, a large percent of this back pay will go towards funding attorney fees, so the first check you receive may be much less than what was anticipated. There is also a five month waiting period fee instituted by the federal government, which means what you receive will have this amount subtracted from the total.

Some applicants make the mistake of submitting a new claim once their initial request has been denied. A new claim based on the same information previously presented will almost always result in denial, wasting your time and causing further frustration. A better path is to hire an attorney to appeal the first decision. If that doesn’t work, appeal again and get yourself in front of a judge. Face time can be valuable and result in granting of benefits more often than written appeals alone. On paper, your application is one of thousands in the slush pile, and those reviewing the information are bound to stricter rejection guidelines. When in front of a judge, more concrete evidence can be brought forth and your lawyer can create a sound argument in your favor. A simple statement will not have the same impact.

When choosing an attorney to represent you for your social security disability insurance case, consider their qualifications and experience. There are many specialists who primarily work with applicants during the appeals process and others who focus on pushing through the primary application. Fees will generally be deducted from back pay owed and there are limitations to the maximum amount that the lawyer can claim.