What does a disability lawyer in Pennsylvania do to help a claim?Your disability lawyer or non-attorney disability representative (many of whom are former SSA field office workers or former disability examiners) will file all of your appeal paperwork for you, ensuring that it will be done in a timely manner, and done correctly. An obvious advantage of this, of course, is that you will not have to start the disability process again because of a late filing. Late appeals--meaning appeals that are submitted after the end of the disability appeal period, which is 60 days from the date of the previous denial--happen in an unacceptably high percentage of claims. When claimants in Pennsylvania are represented, their representative will receive copies of all notices that are mailed out by the Social Security Administration. This tends to dramatically reduce the opportunity for missing appeal deadlines. Additionally, your lawyer or representative gathers medical record updates and physician's statements so that they may be used to present your case to the administrative law judge. Medical record updates are crucial at disability hearings because once a case is decided at the level before the hearing level, the reconsideration appeal stage, the Social Security Administration no longer gathers records for a case. Translation: once a disability hearing is requested in Pennsylvania, complete responsibility for getting medical evidence falls to the claimant and/or their disability lawyer or disability representative. If a claimant is not aware of this fact and is not represented on their claim, they may very well show up at a hearing with nothing to substantiate their claim, other than medical records that are months out of date. One of the most important aspects of medical evidence is getting a qualified statement from a claimant's doctor, known as a medical source statement, or an RFC form. This type of statement tends to be given significant consideration by an administrative law judge and can be crucial to winning a claim. However, most unrepresented claimants would be unaware of this, or would simply think that a short, handwritten note from their doctor would suffice, which is not the case at all. Once you are at the hearings level, your lawyer will make an argument for approval based on your medical evidence, work history, functional limitations, educational background and age. The "case theory" that is advanced to the administrative law judge presiding over the hearing will be based on Social Security administrative law and procedure, which includes applicability of grid framework rules (the grid rules direct decisions on the majority of claims), the code of federal regulations, the sequential evaluation process used by both examiners and judges, and the various SSRs (Social Security rulings) that may apply. The lawyer, or representative, will attempt to secure an approval of your disability claim by either proving that you have a medical condition that meets a listing in the Social Security list of impairments, or by proving that your medical condition limits your functional abilities to the extent that you cannot return to any type of work activity that allows you to earn a substantial and gainful income. In other words, your lawyer will present all of this information in an objective and logical fashion in an effort to win an approval based upon the medical and vocational rules which govern the Social Security Disability program. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? These pages answer some of the most basic questions for individuals who are considering filing a claim. Can you get disability in NC the first time? Will I qualify for disability Benefits in Wisconsin? If you apply for disability in in Wisconsin Getting a Disability Lawyer in Wisconsin |
