What Does A Disability Lawyer Do?

by | May 13, 2015 | Law

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The federal government is responsible for administering Social Security in the United States. The Social Security program provides a small monthly benefit to people who have paid into the program and have retired; it also pays a monthly stipend to those who are not in a position to work due to a physical or mental disability. There is rarely and difficulties when applying for retirement benefits, all the pertinent details are recorded against the applicants SSN. This is not the case when the application is for disability benefits, the success rate on the initial application is very poor and as result these people are advised to hire a disability lawyer in Tallahassee.

When the initial application for disability benefits is received it is reviewed in detail by a member of the administrative staff. It is the applicant?s responsibility to provide sufficient information to support the claim that they can no longer work and earn a living. The analysis of the application includes all past medical records regarding the disability as well as the applicants work history. The SSA is looking to confirm the contention of the applicant that he can no longer work. A disability lawyer in Tallahassee is intimate with the detail that is required by the administration, these legal professionals can advise the client applicant on how to make the application so that it has the best chance of being approved.

Disability lawyers are trained in all aspects of Social Security law; they know all the rules and regulations and are well positioned to assist the applicant from the beginning. The true role of the lawyer comes after the application has been denied, and a good 70 percent of them are. The lawyer?s first response is usually to ask the SSA to reconsider their decision, if this fails to change their mind the lawyer will prepare himself and the disabled client to appear in front of an administrative law judge who will review not only the information that was initially provided in support of the application but further information gathered by the lawyer. During the hearing the lawyer will provide the proof that he feels is necessary to prove the clients condition. The lawyer may take this opportunity to bring a qualified medical or occupational expert into the discussion as well to attest to the degree to which the applicant is disabled.

In the majority of cases approval is granted at this stage, if not the appeal can be uplifted to the appeals council and should that fail the final step is to sue in federal court.