Do I Need a Social Security Lawyer to Appeal?
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Q: Why do I have to see a social security medical examiner after I apply for disability?
A: Many people who file for disability benefits through Social Security are asked to go through a consultation with one of their doctors. Your representative will refer to it as a consultative examination. The representative assigned to your file asks for the consultative examination. The administrative judge for your appeal can also call for the CE. The consultative exam most often serves one of two purposes. If you have not had an exam recently, a CE will provide updated information. If the details on your medical records are old, the disability examiner assigned to your file will not be able to make a sound decision. The second reason would be because your medical files are not complete. Perhaps you do not have recent x rays or a required test for your particular condition. A call for a consultative examination is not an indication that your case will not be approved. But it does mean that your file cannot be fully reviewed until the information from the CE is obtained. Once an exam is asked for, it is mandatory that you undergo the examination. It may be wise to seek the counsel of a social security lawyer in the event that you feel you have been treated unfairly during a consultative examination process.
Q: Do I need to hire a social security lawyer if my initial application for disability through Social Security was denied?
A: If your application for disability was denied, you should appeal and it is wise to hire a social security lawyer to help with the process. A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Often cases are denied simply due to lack of appropriate information. A social security lawyer knows the hearing process well, will make sure your file has all the required information and that it is fairly reconsidered. Statistically, cases represented by a social security lawyer that are reconsidered by an administrative judge stand a better chance of receiving approval.
Q: Once I submit my application, do I need to follow up with social security?
A: Yes, you should follow up on the status of your application. If you have a social security lawyer, he will do it for you, but you should also check in with your lawyer. In some cases, paperwork can be misplaced. It is also possible that notification regarding a case could be lost. Your case goes through a lot of steps in the review process. You could miss deadlines if you are not notified. Knowing where your application is in the process, or if it has been lost, can be extremely helpful. To check on the status, it is best to contact the disability examiner assigned to your case. On average, a decision on a case will be rendered within a few months. You will want to check the status of your application if you have not heard anything during that time.
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