If You Were Not Awarded Benefits After Being Heard By an Administrative Judge, Can Your Social Security Lawyer Appeal Further?
Q: If you are still not awarded benefits after going through the social security disability hearing process, can you appeal further?
A: You do have a couple courses of action if you want to continue your pursuit to be awarded benefits after being denied during the hearing process. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. It would be invaluable to have legal representation if you are considering appealing, so contact a social security lawyer before you make any decisions on your own. After your appeal is reviewed by the Appeals Council, you will receive notification that your claim will undergo a second hearing, the decision made by the judge was overturned or that you have been denied an additional review. It is uncommon to find a reversal of the decision made by an administrative judge during a hearing. More frequently, a case will be remanded after it is appealed at this level, which means that it will be heard by another administrative judge. Most claimants are denied after they appeal at this level, though. Many claimants, however, feel it is worth appealing to see if their claim might be remanded and have a chance to be heard a second time. Again, it is recommended that you have a social security lawyer or other representative by your side during an appeal at this level.
Q: Will a social security lawyer coordinate with representatives from Social Security on all official matters pertaining to your claim?
A: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. Social Security will usually contact only your attorney. An attorney will sometimes let representatives speak with their clients for certain situations. If you are contacted by Social Security, it is important to let your attorney know. This just eliminates an opportunity for confusion. You hired a social security lawyer to be your advocate. Keep the lines of communication with your legal representative open at all times.
Q: Does everyone who is awarded disability benefits receive back pay?
A: Some cases will not be granted retroactive benefits. That being said, most cases are awarded back pay. That is simply due to the fact that the review process for disability cases can take so long that some back pay will be due. It is important to note that you are not eligible to collect retroactive payments until you are 5 months past the established onset date of your injury. For a fortunate claimant that is approved for benefits within a couple months, back pay may not even be applicable.