The answer to the question is….maybe. The medical and vocational facts are different in every case so there is no definitive answer. I have heard countless times that representatives at the district Social Security offices discourage claimants from using attorneys, even though the Social Security Administration’s (“SSA”) statistics always show that claimants who are represented by attorneys have higher approval rates.
I represent a 48 year old former cable television technician, which was strenuous work, with severe neck and back problems. She retained us after her SSD application was denied. After reviewing her file, we secured a great deal of medical records and disability reports from her pain management specialist, chiropractor, internist, and neurosurgeon. It was obvious at the hearing that the judge would find that the claimant was entitled to SSD benefits.
Did the claimant have to have an attorney? No. Did it help the claimant to have an attorney at the hearing? Obviously. Would the judge have approved the claimant’s SSD benefits without a benefit? Possibly, but the SSA’s statistics say her chances of winning were better with an attorney. Would the claimant’s SSD application have been approved initially had an attorney represented her? Possibly. There certainly is nothing to lose by consulting with disability attorney before filing an SSD application.Previous Next
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