Typically, a person who thinks they are disabled and entitled to their disability benefits from Social Security will prepare the paperwork and send it in. More often than not, this person will have their application rejected. Since an applicant is entitled to an appeal, this is when many will go to an attorney for a consultation. However, the best time to get an attorney is before the application process. Read more for a few reasons this is true.
An attorney can assist in determining your eligibility
The rules for determining a disability are very specific, and you really need experience in understanding how these rules are interpreted by the Social Security office. You may think you have a disability, but you may be surprised to find out that it is not considered a disability by the government. Or it could be deemed a disability for the work that you normally would do, but you can do other work with your medical condition. If you are given the proper training and education, there are other jobs for you to do. If you consult an attorney before you apply for disability, you will learn what the law says about your medical condition, and what you are still expected to be able to accomplish in the workplace.
An attorney can reduce the chance of being rejected
Taking a few tests and having a general practitioner claim you are disabled will not be enough. You will need documentation over the course of several months, if not longer, that your condition has not improved. This will likely involve one or more specialists, along with therapeutic treatments. This may include physical therapy and medications, and it will need to be demonstrated that you are not getting better. This is where an attorney is valuable. They can look at whatever treatments you have received, and given their experience with the Social Security Disability office, will be able to tell you if it's sufficient to be approved for these benefits. If it is not, an attorney can let you know what the next steps will be to get the documentation of your medical condition that will satisfy the disability office.
An attorney will be familiar with your case if there's an appeal
Everyone who is rejected for disability has a right to an appeal. Although the chances of being rejected are much less when you consult an attorney from the start, it can still happen. The good thing about having an attorney from the beginning is that they will be familiar with your case and very informed. An attorney will be able to know by looking at the reason for the rejection if it was an oversight on the application, or in some cases if the Social Security Disability office will want additional information. The appeal process will be easier to address at this time if you already have an attorney.
If you are filing for disability, you should consult an attorney first. An attorney can help document your eligibility, and reduce the chances of being turned down, and they will be there in case you need to appeal the decision.
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