Whether you are filing a disability claim for yourself, or for a loved one, there are things you should know before you hire a disability lawyer. A disability lawyer is an expert on the Social Security disability claims process, and they can help you through the process.
Request an on-the-record (OTR) request for a disability lawyer
Obtaining an on the record (OTR) decision can be a very effective way to obtain disability benefits without having to undergo a hearing. This type of review is available for all social security disability applicants who are denied benefits. It can reduce your waiting time while your claim is being processed.
In order to obtain an OTR decision, you will need to provide medical evidence to show your disability. This can include blood tests, MRIs, X-rays, CT scans, and more. You may also want to provide an onset date of your disability.
The Administrative Law Judge reviews the medical information in your file and determines whether or not you are disabled. He or she will also determine whether or not your medical condition will prevent you from working. If the medical records show that you have a disability, the ALJ will make a favorable decision.
Consultative examinations with a disability lawyer
Applicants for Social Security disability benefits often have unrealistic expectations of what a consultative examination will be like. They believe that the consultative examiner will determine if they qualify for benefits, but the reality is that it will be limited in scope and duration.
If you are applying for disability benefits, it is important to provide as much medical information as possible. Your Arbeidsongeschiktheid advocaat can help you to gather the medical documentation you need to successfully apply for disability benefits.
When you go for your consultative examination, it is a good idea to arrive early. You will not want to feel uncomfortable in a busy office. It is also helpful to bring a list of any medical conditions and medications you take. During the appointment, you should also be prepared to explain your disabling condition to the doctor.
Vocational experts testify at disability hearings
During the disability appeal hearing, an Administrative Law Judge (ALJ) may ask a vocational expert to testify. The vocational expert is not an attorney, but is qualified by the Social Security Administration (SSA) to provide expert witness testimony. These experts have a background in vocational rehabilitation and know about the types of jobs in the nation’s labor market.
The vocational expert will testify in person or on a video teleconference. The vocational expert may also be asked to provide written opinions. These experts are paid by the SSA to help the administrative law judge make the ultimate decision.
The vocational expert will testify in five to ten minutes. During this time, the expert will be asked to give the judge an overview of the past job and the jobs available in the local economy. They will also testify about the skills required to perform the job.
Common mistakes and errors that lead to unfavorable Social Security Disability decisions
Appeals from an Administrative Law Judge (ALJ) decision are often more favorable if the decision was based on an error of law. Specifically, an error of law is a violation of the due process clause, or failure to apply relevant law or regulations to the claim. An error of law includes misinterpretation, failure to apply a Social Security Ruling, Acquiescence Ruling or other pertinent regulation, failure to consider an applicable regulation, or failure to apply a due process standard. An error of law in a disability case can also include a failure to consider the limitations of the claimant’s disability, or failing to include a vocational expert in the case.
An error of law can also be defined as a clerical error. For example, a claimant may have filed a late application, which would be deemed a Processing Error. However, the SSA is not limited to administrative finality, and can correct the mistake at any time. A Processing Error may occur if the claimant did not provide sufficient evidence or documentation of his or her disability to support the claim.