The Social Security Disability Insurance (SSDI) application process can be stressful. Most claimants are coping with deteriorating health and significant life transitions. Given these difficulties, applying and receiving SSDI benefits is more important than ever.
There are several things a Social Security attorney may do for you if you decide to cooperate with them on your case.
So, what does a Social Security attorney do?
A Social Security attorney is well-versed in the Social Security application procedure. They also know what the Social Security Administration (SSA) requires when approving the application for benefits. Your attorney understands what to do if you experience issues with your claim.
In this article, we will discuss what a Social Security attorney can do when working on your case. Your situation and demands will determine the precise course of action. Contact a trusted Social Security attorney for a free consultation if you are unsure about the help you need.
Reviewing Your SSDI Claim
The first thing your attorney will do is carefully review your case. They will acquaint themselves with your situation, regardless of whether you apply for benefits or appeal a denial.
In the event of a denial, the Social Security attorney will examine the reasons for the denial by analyzing the denial letter. These details will help get ready for the appeal.
Developing a Theory About Your Case
After evaluating your case, your attorney will develop a narrative or “theory” on why you match the Social Security disability criteria. There are three kinds of theories that your lawyer might use:
- Your illness is listed as a disability by Social Security.
- You are “grid out” of any job.
- You are unable to perform even sedentary labor due to your health condition -adhering to a strict definition of SSAs “disability”
Let us closely examine all these theories to see how your attorney might support them.
Social Security Disability Blue Book
The SSA’s Blue Book contains a list of qualifying disabilities. The SSA specifies requirements for SSDI eligibility for those with disabling conditions.
If your condition is listed in the Blue Book, the SSA will check your eligibility using the details listed under that condition.
Your Social Security attorney will review the list to determine whether your illness is listed. If so, your attorney will review the requirements.
They will match the data with the relevant evidence to support your case. Your attorney might get you to undergo tests or visit an SSA doctor.
Further medical documents may support your condition. Your attorney will consider alternative ideas if you lack a compelling argument.
Using the Grid System
Consider a scenario where a person does not meet the description of a listed disability. In such a context, the SSA follows the Grid Rules to establish whether the claimant is disabled.
Grid Rules take into account things like:
- Age
- Education
- Work history
- Job skills
- Residual functional capacity (RFC) level
RFC is the maximum work you can complete with your disabling condition. It is covered by the Code of Federal Regulations Section 416.945.
Your lawyer may use the grid rules to demonstrate your inability to adapt to even less strenuous jobs.
The grid rules will not be applicable if a physical disability does not drive your health issue. Grid rules are often the best option for elderly claimants with limited potential jobs.
Less Than Sedentary Work
If neither of the first two alternatives will work, your attorney will attempt to demonstrate that you cannot perform even sedentary tasks. Your attorney will compile proof to back up this assertion, such as:
- Your testimony
- Your doctors’ opinions
- Your health records
Your records may suggest you cannot lift small objects or even sit for extended periods. The SSA will decide whether you are disabled if you cannot accomplish productive tasks.
If the SSA denies your application and you need to appeal the denial, your Social Security attorney will draft the hearing questions.
They may ask you about hypothetical, yet related events to rule out various kinds of jobs. Your responses may assist in demonstrating the physical constraints caused by your disability.
Filling in Any Application Gaps
Lack of information is a common justification for SSDI benefits denials. An incomplete application may result in denial even though your disability meets the eligibility criteria.
That is among the most crucial reasons for speaking with a Social Security attorney. An attorney will fill any holes in your argument.
They will identify what is lacking in your application and know how to solve it. Determining what to change on your claim can be difficult without a legal perspective.
Gathering Medical Records and Evidence
One of the most critical roles of a Social Security attorney is to help gather medical records and evidence.
You must produce medical evidence of your condition. The SSA will expect evidence to demonstrate your disability.
A Social Security attorney will help you collect the appropriate evidence by attaching it to your claim. They will also assist you in finding copies of missing records.
If your medical records are too much, your attorney can review them all to establish what is needed.
File Necessary Appeals
Most people do not get approved during the initial application stage. According to the SSA, the number of claimants approved for benefits at the initial application level is below 40%.
But you can appeal the decision if your case is initially denied. The appeals procedure entails four stages that must all be finished within a specific time frame.
These stages include:
- Request for reconsideration
- Hearing by the Administrative law judge
- Appeal council review
- Federal court review
You can navigate the appeals procedure with the help of a Social Security attorney.
Represent You at Disability Hearing
The hearing stage is where most people win disability claims. If you file an appeal after being declined disability benefits, you can appear before an administrative law judge for a hearing.
Disability hearings can be tense, so planning is essential. You will be better prepared for your hearing with the assistance of a Social Security attorney.
An attorney will speak on your behalf during the conference, though you must still answer for yourself. Your Social Security attorney will collect the missing data to strengthen your case and also prepare you for questions you may be asked at the hearing.
Some of the questions you are likely to get at a hearing include the following:
- Are you currently receiving any treatment for your condition?
- What treatments have you had for your condition?
- What are your symptoms like?
- Are you currently working?
- When did you first lose your capacity to work?
- What is your level of education?
- Can you complete routine activities like cleaning and personal hygiene?
- Do you abuse alcohol or drugs?
- Do you take your medication as prescribed by your physician?
Having a lawyer is vital as they will ensure you give accurate answers. Your lawyer is there to help, not judge your condition.
Your lawyer may also consider bringing expert witnesses to your hearing. You must be careful when choosing witnesses; your attorney will determine who best suits your case.
Speak to a Skilled Social Security Attorney Today
Overall, what does a social security attorney do? The answer is that a Social Security attorney helps you throughout the application process, from the initial application to appealing a denial.
Although it is not mandatory, we strongly advise hiring a disability attorney. A Social Security attorney can be your best advocate and ensure to present a strong case.
Legal Giant can help you get the best Social Security attorney. We are a lawyer referral service that streamlines the hiring process by linking you with experienced lawyers.
Contact us at 833-641-1650 for a free, no-obligation case review.
