What Is the Next Step for Your Social Security Lawyer After Being Denied Benefits During the Hearing Process?
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by: albert.tobega
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Q: If you are still not awarded benefits after going through the social security disability hearing process, can you appeal further?
A: You do have a couple courses of action if you want to continue your pursuit to be awarded benefits after being denied during the hearing process. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. If you plan to appeal, it is best to seek the advice of a social security lawyer. A decision from the Appeals Council will deny your request for review, overturn the verdict of the hearing or recommend a second hearing for your case. The Appeals Council hardly ever overturns the official decision of the judge. It is more common, however, for the Appeals Council to suggest that the claim go through another hearing (called a "remand.") A large number of cases are simply turned down for any additional review after appealing to the Appeals Council. Depending upon your case, it might be worthwhile to appeal in the hopes that the Appeals Council will remand your case. To reiterate, you would be wise to have an advocate like a social security lawyer help you through this process.
Q: Will a social security lawyer coordinate with representatives from Social Security on all official matters pertaining to your claim?
A: It is best to let your social security lawyer handle all communication with the agency. All communication from Social Security will be directed to your lawyer, rather than you. In some circumstances, your lawyer will allow a claims representative or examiner to contact you directly. Be sure to tell your lawyer if you did speak with someone. This just eliminates an opportunity for confusion. Your social security lawyer is there to help your case. Keep the lines of communication with your legal representative open at all times.
Q: Will every claimant approved for disability get retroactive payments?
A: No, not every claim is awarded back pay. That being said, most cases are awarded back pay. That is simply due to the fact that the review process for disability cases can take so long that some back pay will be due. It is important to note that you are not eligible to collect retroactive payments until you are 5 months past the established onset date of your injury. For a fortunate claimant that is approved for benefits within a couple months, back pay may not even be applicable.
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