If your initial disability claim has been denied, then securing a Pennsylvania social security and disability attorney is a smart move. While the Social Security Administration (SSA) does not require a claimant to have representation at any stage of the process, if you have reached the stage where you need to attend a disability hearing or represent yourself at a federal district court (which seven out of ten cases on a nationwide scale do), then you can really improve your chances of success through proper legal representation. In fact, statistics show that a disability applicant who is represented by an attorney at the hearing level is twice as likely to be approved than an unrepresented claimant is. Here’s a look at the various stages of the appeal process and how a social security and disability attorney can help.
Reconsideration Request
If your social security and disability claim has been denied, then the first step in the appeals process involves what is called a “reconsideration request,” which must be filed within the 60-day appeal period. While an attorney can be helpful at this point, especially in making sure the request is properly filed and all deadlines are met, this process is really just a rehashing of the initial disability application with no new information added, and success is uncommon. In fact, more than 80 percent of all reconsideration appeals are denied by disability examiners, so there is only so much your attorney can do.
Disability Hearing
The second step in the disability appeals process involves a court hearing, during which the case is heard by an administrative law judge. At this stage, a disability attorney becomes critical, as he or she is well versed in the rules and regulations that govern Social Security disability and SSI, and can give an organized presentation of the facts of your disability claim. These include your medical background, your condition and how it limits you, your work history, and the reasons why your condition limits your ability to work.
It’s important to note that one of the most common reasons for denial at this stage is incomplete or inconsistent medical records. Your attorney can ensure this record is intact and comprehensive and pursue any necessary updates before they are put in front of the judge. If the SSA calls in a vocational expert to testify at your hearing as to his or her opinion concerning your ability to work based on your impairments, your attorney can be invaluable when it comes time to cross examine this witness and support the basis of your claim.