While it important to have an attorney during the filing process, it is equally important if not more so to have an attorney for the appealing process. The appeal process consists of the first appeal (Request for Reconsideration) and then a claim goes to court if denied the second time (Request for Hearing). This is when you appear before an Administrative Law Judge and could really use a Charlotte SSDI lawyer to represent you in the best way possible. This is also when an attorney assists in crafting a sophisticated argument within legal terms to show that you were wrongfully declined.
When Should You Call a Lawyer?
Typically the rule is considered to be the earlier the better. In some cases, disability claims have the opportunity to be approved during the initial application process; however the majority of claims are denied twice and go to a hearing before they are eventually approved. There is no cost for consulting with an attorney to get a free case review, which can outline the strengths and weaknesses of your case. Some claimants may choose to try and apply without an attorney but Social Security’s rules and regulations can be complicated, and an experienced SSD law firm can help you at any stage in the process.
Approval Is More Likely with an Attorney
Whether it seems fair or not, when you have an attorney, the likelihood of being approved is better. This may seem unfair and costly, but attorneys know disability law and can help navigate through difficult laws heavy with legal jargon. If you are approved during the initial application level, chances are that the attorney’s fee is going to be minimal due to fewer months of back benefits owed by Social Security. The fee for attorneys has been set by Social Security and remains at the lesser of $6,000 or twenty-five percent of any back pay, and a fee is only due if you win.
In Some Cases SSD Claims Can Progress Faster with an Attorney
In some cases, an attorney may be able to speed up the process of a SSD claim approval. For very strong cases an attorney may file an On The Record Request (OTR), requesting that a claim be approved without a hearing. An OTR is similar to a hearing brief, outlining the legal argument for approval of a SSD case. Sometimes the Administrative Law Judge decides to approve the claim after reviewing the attorney’s OTR. An attorney can also identify “dire need” cases and assist in speeding up the process. If a claimant has received a court ordered eviction notice, a notice that utilities have been disconnected, or if a claimant is diagnosed with a terminal illness, an attorney may be able to file a “dire need” request and get a hearing date faster.
A Charlotte SSDI lawyer can help you pursue a disability claim in an insightful and professional manner. Contact The Clauson Law Firm, PLLC for further information.