What to Do if You are Not Satisfied with your Current Disability Representation

The key to any working relationship is communication.  If you are not satisfied with your disability attorney it is best to tell them your concerns before hiring someone else to represent you.  Your attorney might be able to fix the problem.  They might also be able to explain why they handled your case as they did.  If your attorney is not in contact with you it is worth the time to try to reach them to get an explanation.

Of course, some problems just can’t be fixed by talking them over.  It is your right to decide who will represent you in your disability claim.  If you are certain that you want to change attorneys you should notify your attorney in writing.   Send a copy of that letter to the branch of the Social Security Administration that is currently handling your claim.

When deciding whether to change disability lawyers keep the following guidelines in mind:

1)      Don’t Kill the Messenger. Most applicants receive some denials before they receive their award and Social Security makes plenty of mistakes.  If you are confused or upset about something you hear from Social Security ask your attorney to explain it.

2)      Attorneys Aren’t Miracle Workers.   Over 3 million people apply for Social Security disability and/or SSI benefits every year.  The Agency is struggling to keep up with these applications, so it can take anywhere from several months to several years to get your disability benefits.  Unless you can meet the criteria for designation as a “TERI/Dire Need” case, your attorney can’t shorten the waiting time.

3)      Give Your Attorney a Few Days to Call Back.  Representing Social Security claimants requires dealing with appeal deadlines, doing many disability hearings, and often some travelling out of town.  Your attorney won’t always be able to return your call on the same day.  If you fire your attorney for not returning your calls immediately you will probably have the same problem with your next attorney.

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If I Win My Social Security Case, How Long Will it Take to Get my Benefits?

After you win a disability case the Social Security Administration must processes the claim(s) before benefits can start.  The Administrative Law Judge (ALJ) that heard your case will put his or her decision in writing and mail it to the address you have on file with the Social Security Administration.  Claimants typically start receiving benefits on average 30 – 60 days after they receive a written favorable decision in the mail.  Because Supplemental Security Income is a need based program, if you are entitled to Supplemental Security Income or a combination of Supplemental Security Income and Disability Insurance Benefits, you must attend a Pre Effectuation Review Conference or “PERC” appointment before you begin receiving benefits.  Typically, the notice of your appointment arrives in your mail 2 to 3 weeks after your receive your favorable hearing decision in the mail.  At that appointment, the Social Security Administration will look at your assets, income, and living arrangements to determine if you qualify to receive Supplemental Security Income.  If you are eligible to receive Social Security Disability, you should receive a Notice of Award letter and/or a benefit check in the mail 2 to 3 weeks after you receive your favorable hearing notice in the mail.  If it takes longer than that, and you were represented at your hearing, contact your attorney and let them know you have not received a PERC appointment or Notice of Award.  He or she may be able to assist you with the process.

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How will I know if I have won my disability claim and been awarded benefits?

You rarely know if you have won your benefits right after your hearing.  Sometimes an Administrative Law Judge (ALJ) will issue a bench decision or let your attorney or representative know he or she is going to award you your benefits.  However, most of the time, you will know you have won your disability claim by receiving a written decision in the mail.  The Administrative Law Judge that heard your case will put his or her decision in writing and mail it to the address you have on file with the Social Security Administration.  If you were represented at the hearing, your attorney will receive a copy of the decision as well.  However, you will probably receive the decision before your attorney does.  As such, it’s always a good idea to call his or her office and let them know the outcome of the case.  Although every case is a little different, the average processing time for an ALJ decision is 2 to 4 months.  Your attorney or representative should track the time it takes to get your decision and contact the Administrative Law Judge or his or her staff if it takes substantially longer than that.

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Make Sure your Doctor Really Does Support your SSD or SSI Disability Case

When making a decision to file either an SSD or SSI case, it is very important to have a doctor that supports what you are trying to do.  Having a doctor that truly believes that you are disabled because of your medical condition is the best thing for your case.  It will be his/her medical records that will either win or lose your case.

If you and your treating doctor do not seem to be on the same page about your illness, he/she is not willing to write a supporting statement on your behalf, or just generally has a bad attitude about your claim it may be a good idea to change doctors.  Please keep in mind that you will be using this doctor’s medical records and statements to help you win your case.

Several times, a claimant “assumes” that his/her doctor believes that he/she is unable to work.  This is not always the case and do not assume that it is so. Make sure to have a good long discussion with your doctor about what he feels your exact limitations are.  If they are limitations that you feel are harder or above what you are capable of doing make sure to advise your doctor of this immediately.  If your doctor is unwilling to change his opinion then it may be a good idea to find a new doctor who will be fully supportive.

Posted in Filing Initial Application, Medical Evidence, Social Security Hearings, The Listings (Step 3), Your Limitations | Comments Off on Make Sure your Doctor Really Does Support your SSD or SSI Disability Case