SERVICES PROVIDED BY YOUR ATTORNEY/REPRESENTATIVE

I think most of the work performed in Social Security disability cases resemble an iceberg:  you only see a little of it while most of it remains invisible.

 When you appoint an attorney representative to help with your disability case, there are many services performed that you may not see or realize.  In addition to attending your hearing with you and arguing for approval, your attorney will.....
  • Order all your medical records and keep them updated
  • Read and analyze all your medical records
  • Seek additional written testimony/opinions from your doctor
  • Determine if other written testimony should be obtained (from past employers, co-workers, family members, etc.)
  • Review your past work record to see how it impacts your case
  • Classify your past work as skilled, unskilled or semi-skilled
  • Classify your past jobs according to their exertion levels
  • Outline medical reasons you cannot perform any past work
  • Outline medical reasons you can't perform some other work
  • Prepare a detailed brief for the judge who will decide your case
  • Look for potential problems that may arise during the hearing
  • Establish a legal strategy to get an award (Meet a Listing, use a grid rule, prepare for a Step 4 or Step 5 decision).
  • Meet with you and prepare your testimony for the hearing
  • Make appropriate objections during the hearing
  • Cross examine the vocational expert to clarify or mitigate testimony at the hearing
  • Cross exam any medical exerts that Social Security presents
  • Prepare and make closing arguments at the hearing
  • Prepare any required post-hearing briefs or documents
  • Gather any post-hearing requirements the judge may want
  • Appeal any unfavorable decisions

Keep in mind that your representative does all of this without any pay upfront.  And he/she will never send you a bill for a fee or expense unless you win your case and collect back pay.  If you lose, the attorney cannot charge you a cent for any work performed.  Usually, the attorney/representative even pays for medical records, doctors reports and other expenses out of his/her own pocket to prepare your case.

 One other big advantage of representation:  you improve your chance of winning your claim or appeal.  You also avoid the risk of having your hearing postponed for several months because the case isn't ready for trial.  Many times, the claimant doesn't know how to prepare for trial and on the day of the hearing the judge must postpone because the case hasn't been properly prepared.  Also, most judges will postpone a hearing if the claimant comes in unrepresented.  "I'd like to postpone this to give you time to find an attorney," is a common recommendation by judges.  The postponement will usually be for 3 to 6 months.
______________
The Forsythe Firm
Social Security Disability Firm
7027 Old Madison Pike, Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297
Email Us:  forsythefirm@gmail.com

 Free Consultations     We Never Charge a Fee Unless You Win!

Comments

Post a Comment

Popular posts from this blog

HOW TO GET READY FOR YOUR HEARING

Image
Most disability applications are rejected at first.  The first appeal, called "Reconsideration" usually does not get a favorable response, either.  When these two steps have failed, as they usually do, it's time for a hearing with an administrative law judge, your the next step. How do you prepare for that hearing?  Realize that the hearing before the judge is the best opportunity you will ever have to get your benefits approved.  So, it's important to make a good appearance and present yourself well. Some suggestions: 1.  First and foremost, be absolutely certain that all of your medical records have been submitted well in advance of the hearing.  You can review your electronic folder by contacting the Social Security Office of Hearings Operations which has jurisdiction over your appeal. They should have received a medical record from each doctor, hospital, emergency room, counselor and other medical providers that you have seen within the relev...
Read more

DOES SOCIAL SECURITY PAY SHORT TERM BENEFITS?

Social Security Disability Insurance (SSDI for short) is a long term disability program sponsored by the US government.  It is paid for by payroll deductions, called FICA tax. What is meant by long term?  It means a medical condition which has lasted, or is expected to last at least 12 straight months OR to end in death. Impairments lasting less than 12 straight months are not covered under SSDI. Do you have to wait 12 months to apply?  No.  This is a mistake.  The medical condition you are claiming needs to the type of condition which normally lasts 12 months or more.  You do not need to wait 12 months to apply. For example, if you break your leg and your doctor advises you to be off work for 3 months, this is not covered under SSDI.  However, if a person has a heart attack and the doctor says he can't work for at least a year or more, it would be a covered condition. Is it easy to get approved?  Frankly, no.  It is difficult. So...
Read more

DISABILITY AND BACK DISORDERS

Back trouble is a generic term for many musculoskeletal impairments that cause pain in the back, shoulders, hips or legs.    Back and spinal issues are the single largest cause of disability in the United States.   Social Security, however, will not pay a benefit simply because of complaints of back pain, even if the doctor has recorded long term complains of pain. It's necessary to determine the cause of back pain in order to get benefits approved.  This usually requires objective tests which may include X-rays, MRIs or CT scans for imaging of the spine. These imaging studies may show degenerative disc disease.  Specifically, studies may reveal narrowing of the spinal canal, osteophyte complex (bone spurs), bulging or herniated discs or other problems. After demonstrating the cause of the pain, Social Security will try to determine how pain affects your ability to function.  How does pain limit your ability to sit, stand, stoop, reach, ...
Read more