Should you get a disability lawyer before you get denied in California?
This is one of those questions that people will just have to agree to disagree about. Many will argue that its pointless to get representation before you've been denied. And, in many cases, its true that disability lawyers for SSD and SSI claims do little until a Social Security Disability or SSI disability case in California gets to a hearing.
However, there are instances in which having representation at an earlier point in the disability claim process can be beneficial. For claimants who have difficulty properly completing the necessary paperwork (possibly due to anxiety, memory impairment, or other mental impairment issues), there may be a clear advantage in having someone else do the initial and mid-point legwork on a case. And some claimants may even benefit from a consultation with an experienced disability advocate prior the filing of a disability application, simply to become more aware of the process and to gain a greater understanding of how disability decisions get made.
My own personal belief is this: you won't necessarily need to speak with a lawyer before a case has been denied. However, if you feel more comfortable in doing that, by all means do so. If, though, you get denied, you may as well look for representation and here's why. The next step in the process is the reconsideration appeal. You don't really need a lawyer at this stage; however, most reconsiderations get denied so you might as well because the stage after the reconsideration is the hearing before an administrative law judge and you will definitely want representation from a disability lawyer at that point.
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.
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