Using a Social Security Disability Attorney in California
Applying for SSD is a fairly straightforward process'you simply go down to your nearest social security office and fill out the application (you can also do this online for SSD, but not SSI). Your case will then be assigned to a disability examiner at the agency responsible for disability determinations in your state. In California, this is DDS, or disability determination services.
At some point you may be contacted by an examiner from the disability office, requesting clarification of your work history, medical treatment, or your ability to engage in normal daily activities.
Who needs representation on a disability claim in California? Approximately 70 percent of all claims are denied nationwide at the application level. California mirrors these statistics with a 31 percent rate of approval. Arguably, these individuals will probably require representation since the likelihood is extremely high that they will need to attend a disability hearing in order to be approved.
However, many individuals will benefit from representation from the very start. While some claimants are perfectly capable of gathering the necessary information and presenting it in an organized, understandable format for the examiner, some may need additional help in this process, particularly if they are heavily medicated, have memory difficulties, are suffering from depression or anxiety, are in chronic pain, or are mentally impaired.
For these people, it is well worth it to retain either a disability lawyer or a non-attorney disability representative to assist them with their claim.
Additionally, a representative can help to focus a disability claim on the more important aspects of a claimant's cumulative medical record and avoid an inadvertent weaking of the case before it gets to the hearing level. In some cases, the case may be won early in the process, avoiding the need for a hearing.
If your Social Security Disability claim is denied at the application level (and most are), and denied again upon reconsideration, you should seek professional legal counsel from a disability attorney or non-attorney claimant's representative.
This is because the next step for a claimant is to appear at a disability hearing before an ALJ, or administrative law judge. An attorney can help you make a stronger case before a judge by providing the expertise needed to:
1. Gather medical evidence. A disability attorney will know exactly what medical records are needed to support a claim, or to establish proof of a claimant's residual functional capacity (RFC). An RFC form, or medical source statement, from a physician corroborating your disability, i.e. the functional limitations that make you disabled, greatly increases your chance of approval before an administrative judge.
2. Present your condition in a way that best enhances your chances of receiving disability benefits. A disability attorney will know what impairments are listed in the social security list of impairments manual (the 'blue book'), as well as what symptoms or limitations must be demonstrated to support diagnosis with one of these conditions.
3. If your condition is not listed in the blue book, then your attorney will also be familiar with the criteria necessary to show that a medical vocational allowance is warranted. A medical vocational allowance is awarded for disabilities that, while not listed in the blue book, prevent claimants from performing their current job or any other job for which they may otherwise be suited.)
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?
Filing for disability in California
How do I Apply for Disability Benefits in California
How long should you wait before you apply for disability?
SSD and SSI applications in California
What do you do if your California disability claim is denied?
Do you file for your children when you apply for disability in California?
Should you apply for disability in California after a denial?
How long does a disability case take in California
After you file for disability in California
Filing for disability in California and your condition
Filing a disability claim in California, long filing process
The California disability process
Do I need to be disabled a year in California to get disability?
The Social Security Disability process in California
California Disability determination process
Disability approval criteria in California
California Social Security Disability decisions
Steps to Win Social Security Disability benefits in California
Questions about disability in California
How much can you make in California and still apply for disability?
California Social Security Back Pay
Can Disability benefits be garnished in California?
Disability two year medicare waiting period in California
California review of Social Security Disability claim
California Social Security Disability status
VA disability and California Social Security Disability
Can a Congressman in California help on a disability case
How do examiners make disability decisions in California?
Applying for disability benefits in California
How long does disability take in California?
How long does it take to get a decision on a disability case in California?
Why do disability claims take so long in California?
How Long Will It Take To Get My Disability Decision If I Appeal in California?
Disability claims in California with certain conditions
Applying For Disability On the Basis of Back Pain in California
Filing for Disability with Fibromyalgia in California
Social Security Disability For Mental Illness in California
Winning California disability
Will a lawyer improve the chance to win disability in California?
Getting approved for disability in California
Winning disability in California
California Disability Lawyers and Representation
Getting a disability attorney in California
Finding a new disability attorney in California
Applying for SSI in California
Filing for SSI disability in California
SSI disability denied in California
Are SSI claims in California denied more than SSDI claims?
How to apply for SSI Disability in California
Doctors, medical records, and medical exams
Doctors and applying for disability in California
Can you be turned down for disability in California if your doctor says you are disabled?
Disability hearings in California
Disability Hearings in California
California quick disability hearing
How do I win my Social Security Disability Hearing in California?
How long does it take to get a disability hearing in California?
Disability denials in California
Disability Denied in California
If a disability claim is denied in California
Appealing a Social Security Disability denial in California
If you get denied Social Security Disability in California
Why are Most Disability Cases Denied in California?
Getting approved or denied for disability in California
Disability appeals in California
How do you file a disability appeal in California?
How many disability appeals do you get in California?
If your California disability appeal is denied, can you get another appeal?
If your disability reconsideration is denied in California
Filing a reconsideration appeal in California
Why was I denied disability in California?
Qualifying for disability in California
Qualifying for disability in California
Qualify for SSD in California
Will I Qualify For Disability Benefits in California?
Disability lawyers in California
Using a Social Security Disability Attorney in California
Cost of a California disability attorney
Why do disability lawyers in California sometimes not take cases?
Hiring a Disability Lawyer in California
Social Security Disability Attorney Fees In California
How do Disability Lawyers in California get paid their fees?
Should you get a disability lawyer before you get denied in California?
Lawyer for a disability hearing in California
Why was I denied disability in California?
| |