HOW YOUR ADVOCATE HELPS YOU
Most
people who apply for Social Security disability these days are
represented by attorneys or "advocates" who help them with the pursuit
of benefits. Because the Social Security program is so restrictive,
prone to denials, and demanding in terms of proof--claimants usually do
not attempt it alone.
What are some of the essential functions of the advocate? I will list a few of the more important jobs:
1. Deciding whether or not the claimant probably meets the basic rules for Social Security disability benefits. No one can guarantee that a case will be approved. But there are some obvious things that make benefits impossible. For example, if an individual is still working full-time, he or she normally cannot be approved for disability benefits while working. If there is little or no medical evidence, approval would be very unlikely. On the other hand, if the claimant meets one of the Listings, there is a high probability of approval.
2. Decide which type(s) of application(s) to file. Social Security has two basic benefit programs: SSDI and SSI. A person may qualify to seek one or both.
3. Assist with filing a proper application. This includes a myriad of complicated forms and questionnaires.
4. Decide how far back the claim can and should pay. In other words, how much back pay should the claimant receive? An error here can cost tens of thousands of dollars. An advocate will file the claim and defend it in a way to generate the most income for the client.
4. Gathering medical evidence. The advocate will assist in gathering, submitting and evaluating medical records and medical source statements from doctors, hospitals and other providers.
5. Develop a legal theory for an award. Social Security will only award benefits if all of their basic eligibility requirements are met and proven. An advocate knows what must be proven and how best to satisfy the requirements. At the appeal level, representation will usually include a detailed brief for the judge and the personal advocacy of the representative, who attends the hearing with the claimant. Never walk into a hearing alone. Never.
6. Solve Problems. The advocate will look for, identify and solve problems--starting with the application and lasting through the appeal process. He or she will answer objections, questions, inquiries or concerns by decision makers as the claim makes its way toward resolution.
7. Provide Direction. A good advocate will be available to answer the client's questions, provide advice or assurance and make sure the case is moving along without unnecessary delays. (A case takes a certain amount of time and advocates cannot make the government move fast; but unusual delays can often be avoided).
Question: Won't Social Security do all of these things for me? Answer: No. Social Security will answer questions, provide you with forms and perhaps help you complete an application. However, they will not be your advocate. They are not allowed to push for your case to be approved. They are neutral and see themselves as finders of fact. Unfortunately, the way they see facts will often get you denied. That's when your advocate steps to your side, picks up the ball, and runs with it.
For questions or help with a Social Security disability matter--new application--appeal--hearing, etc., contact the local advocates of the Forsythe Firm in Huntsville. 7027 Old Madison Pike NW, Suite 108, Huntsville, AL (Bridge Street area). Call (256) 799-0297. There is never a consultation charge and you never pay a fee unless we agree to represent you, your case is approved and you receive past due benefits or back pay. If you do not win, or if no back pay is awarded, our service is free. (256) 799-0297.
What are some of the essential functions of the advocate? I will list a few of the more important jobs:
1. Deciding whether or not the claimant probably meets the basic rules for Social Security disability benefits. No one can guarantee that a case will be approved. But there are some obvious things that make benefits impossible. For example, if an individual is still working full-time, he or she normally cannot be approved for disability benefits while working. If there is little or no medical evidence, approval would be very unlikely. On the other hand, if the claimant meets one of the Listings, there is a high probability of approval.
2. Decide which type(s) of application(s) to file. Social Security has two basic benefit programs: SSDI and SSI. A person may qualify to seek one or both.
3. Assist with filing a proper application. This includes a myriad of complicated forms and questionnaires.
4. Decide how far back the claim can and should pay. In other words, how much back pay should the claimant receive? An error here can cost tens of thousands of dollars. An advocate will file the claim and defend it in a way to generate the most income for the client.
4. Gathering medical evidence. The advocate will assist in gathering, submitting and evaluating medical records and medical source statements from doctors, hospitals and other providers.
5. Develop a legal theory for an award. Social Security will only award benefits if all of their basic eligibility requirements are met and proven. An advocate knows what must be proven and how best to satisfy the requirements. At the appeal level, representation will usually include a detailed brief for the judge and the personal advocacy of the representative, who attends the hearing with the claimant. Never walk into a hearing alone. Never.
6. Solve Problems. The advocate will look for, identify and solve problems--starting with the application and lasting through the appeal process. He or she will answer objections, questions, inquiries or concerns by decision makers as the claim makes its way toward resolution.
7. Provide Direction. A good advocate will be available to answer the client's questions, provide advice or assurance and make sure the case is moving along without unnecessary delays. (A case takes a certain amount of time and advocates cannot make the government move fast; but unusual delays can often be avoided).
Question: Won't Social Security do all of these things for me? Answer: No. Social Security will answer questions, provide you with forms and perhaps help you complete an application. However, they will not be your advocate. They are not allowed to push for your case to be approved. They are neutral and see themselves as finders of fact. Unfortunately, the way they see facts will often get you denied. That's when your advocate steps to your side, picks up the ball, and runs with it.
For questions or help with a Social Security disability matter--new application--appeal--hearing, etc., contact the local advocates of the Forsythe Firm in Huntsville. 7027 Old Madison Pike NW, Suite 108, Huntsville, AL (Bridge Street area). Call (256) 799-0297. There is never a consultation charge and you never pay a fee unless we agree to represent you, your case is approved and you receive past due benefits or back pay. If you do not win, or if no back pay is awarded, our service is free. (256) 799-0297.
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