If You Were Not Awarded Benefits After Being Heard By an Administrative Judge, Can Your Social Security Lawyer Appeal Further?
Posted 08/09/09
Q: If you are still not awarded benefits after going through the social security disability hearing process, can you appeal further?A: You can do one of two things, if you are denied benefits after a hearing and still wish to pursue the matter further. You can submit an appeal to have your case reviewed again or apply and begin at step one all over again. It would be invaluable to have legal representation if you are considering appealing, so contact a social security lawyer before you make any decisions on your own. After your appeal is reviewed by the Appeals Council, you will receive notification that your claim will undergo a second hearing, the decision made by the judge was overturned or that you have been denied an additional review. It is uncommon to find a reversal of the decision made by an administrative judge during a hearing. 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. Many claimants, however, feel it is worth appealing to see if their claim might be remanded and have a chance to be heard a second time. 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: A social security lawyer will contact all pertinent representatives at Social Security for anything that has to do with your claim. 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. If you are contacted by Social Security, it is important to let your attorney know. This just eliminates an opportunity for confusion. You hired a social security lawyer to be your advocate. Keep the lines of communication with your legal representative open at all times.
Q: Does everyone who is awarded disability benefits receive back pay?
A: Some cases will not be granted retroactive benefits. The majority of claims, however, are given retroactive payments. 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. A claim that is adjudicated quickly, may not be past the waiting period for benefits and will not be awarded retroactive benefits.
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