veterans lawyer

Q: Can it hurt your case, if your treating physician does not support your decision to apply for social security benefits?

A: You need a physician who is supportive of your decision to file for disability. He or she will be asked to write a statement that explains your injury, your prognosis and your resulting employment outlook. The disability examiner will be influenced heavily by the supporting materials from your doctor. A cooperative doctor will also be more likely to assist in obtaining medical records on time. If your doctor does not support your decision to file for social security benefits, find one who does. A claimant whose physician no longer supports his claim anywhere during the claims process should get another physician. It will be worth the time you will have to invest to find a new one. There is too much at stake to not have a doctor on your side. You will have an extremely difficult time being awarded social security benefits without the support of a doctor.

Q: Can forgetting to respond to a letter or notice affect your chances of being awarded social security benefits?

A: Not responding to letters or notifications can absolutely have a negative impact on your claim. You should always respond promptly to anything you receive regarding your social security benefits claim. You will receive a letter in the mail when your court date is scheduled for a hearing, for instance. Missing a court date can put your claim in jeopardy. Another example would be not opening a request for a medical examination. Just like not appearing for a hearing, ignoring a consultative exam letter will only stall the review of your social security benefits claim and may even mean you lose your case. Respond promptly to all correspondence regarding your case. And be mindful of all deadline for appeals, as well.

Q: Is it true that everyone is denied the first time he applies for social security disability?

A: Social Security absolutely does not simply deny every disability claim they initially review. It is true that a large percentage are not awarded benefits after the initial review. The reasons for this can vary. Some claimants do not apply correctly or do not have supporting documentation to bolster their cases. Others apply over and over again, instead of filing an appeal. Social Security does approve some claims after they are initially reviewed. There are even more who win benefits after they are heard before an administrative judge. It would be wise to seek assistance from a social security lawyer, if you are worried that you cannot handle submitting complete and thorough required documents for your claim.

Q: What does the application interview for social security disability benefits entail?

A: The first thing that will happen after you file for social security disability is the scheduling of the initial interview. The purpose of the interview is to provide the disability examiner assigned to your case with the basic background about your case and you. If you have a social security attorney, he or she will help you prepare for that interview. If you do not have a social security attorney, then you will want to make sure you are prepared. Bring a picture ID. You will have to answer some questions regarding your identity, if you do not currently possess a picture identification card. Make sure you have a certified proof of birth document. If you are married, bring your marriage certificate. Similarly, bring documentation that provides proof of any additional dependents. If you served in the military, bring your separation documents. Sometimes, your time in the military can increase the amount of benefits. After the disability case manager has confirmed your personal details, he will move on to the details of your case. Make sure you bring copies of your medical records and treatments for your current injury. Provide contact information for all your treating physicians. Finally, provide supporting documentation and details about your employment for at least the past decade. Hours worked and salary should be included. Again, if you plan to hire a social security attorney for the application process, it would be wise to meet with him or her prior to the initial interview. If you do not plan to hire a social security attorney, then just make sure you have all the supporting documentation necessary to complete that initial interview. By assuring you have all the required documents, you can decrease the chances that your application will be delayed.

Q: How do you file an appeal if your application for social security disability is denied?

A: If your application was denied after the initial review process, you should plan to file for a reconsideration. Paperwork for reconsideration must be submitted no later than 60 days after the date of denial for your particular case. If you do not file within that timeframe, you will likely have to begin the application process from step one again. You do not necessarily need a social security attorney, but having such an advocate can be helpful during reconsideration. The majority of cases will not be approved after reconsideration and claimants will then request a hearing. The services of a social security attorney can be extremely beneficial during preparation for and the actual hearing. A claim must first be reconsidered before an appeal for a hearing is made.

Q: What is the biggest mistake made when a claimant is denied social security disability benefits and files an appeal?

A: The major snare for disability benefits appeals is to miss deadlines. All reconsideration paperwork must be submitted within 60 days of the date of denial of the application. If you have any concerns about deadlines or necessary forms for an appeal, you may want to consider contacting a social security attorney.