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SENATORS MARKEY, KAINE AND DUCKWORTH EXPRESS CONCERNS WITH BARRIERS TO ACCESSING DISABILITY BENEFITS FOR INDIVIDUALS LIVING WITH LONG COVID

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Latest Social Security Disability Questions

How does COVID impact my disability claim?

In light of the current coronavirus outbreak, United Disability Lawyers Group has been conducting business virtually to help ensure the safety of the community we serve and employee each day. But rest assured, our service, representation, and immediate response to our clients remain seamless. We rely on our state-of-the-art technology and 24/7 connectivity to operate flawlessly. Our high standards of service and representation remain intake – even during these uncertain times.

While there may be some minor delays, we expect no serious disruption in how your claim is processed. Hearings are currently being held telephonically to protect clients and all participants from any health risks.

Why should I hire an attorney?

While it is possible to file for and receive Social Security Disability benefits without an attorney, the process can be complex and confusing. The initial stages involve a significant amount of paperwork that can be overwhelming, especially for someone who is suffering from a disabling physical or mental condition. And, as most people are not awarded benefits until the hearing stage, having an attorney experienced with this process can help ensure that all your paperwork is correctly completed, all your medical records are collected and properly submitted and that you are properly prepared for the hearing. An attorney can also ensure that a proper record is made so that you will be able to appeal all unfavorable decisions. In fact, having an experienced attorney will better your chances of winning Social Security Disability benefits. Lastly, it is easy to say the wrong thing or present your claim in a way that may hurt you later. We have the experience and knowledge to present your case for your best advantage. Contact us today for a free consultation. We are happy to answer any questions you may have about this process.

When should I hire an attorney?

Many firms do not accept clients until they have applied for benefits or until after they have been denied. At United Disability Lawyers Group, we help claimants at every stage — from completing the initial paperwork to filing a federal court case. To ensure the best result, we recommend contacting an attorney as early in the process as possible. An attorney will counsel you about the evidence needed to win your case. Your attorney also can help ensure that the process goes smoothly so that you can get the benefits you need as soon as possible.

What are the steps in applying for benefits?

INITIAL CLAIM

The first step to obtaining Social Security Disability benefits is the initial application. We will file your application online to ensure that your claim is quickly processed. We will gather necessary evidence to support your claim. Social Security may also request that you attend an appointment with a consultative examiner to determine if you are disabled under Social Security’s regulations. Some individuals are approved at this level of the claims process. Most are not and will require an appeal.

RECONSIDERATION

At this next level, we will continue to gather evidence including functional assessment forms from your medical and mental health providers. At this stage, the Social Security Administration usually reaffirms its original decision and denies the applicant Social Security Disability benefits.

HEARING

After being denied at the Reconsideration stage, a claimant must file a Request for Hearing. This is a request to have your claim heard before an Administrative Law Judge (commonly referred to as an “ALJ”). During this hearing, an Administrative Law Judge will decide whether the claimant should be awarded Social Security Disability benefits. At United Disability Lawyers Group, we thoroughly prepare all clients for their hearings so that they are comfortable and as least anxious as possible.

APPEAL TO THE APPEALS COUNCIL

If a claimant is not granted benefits after a hearing before an Administrative Law Judge, there are still several steps of appeal available. The first level of appeal is to the Appeals Council. At this stage, the Appeals Council will request the claimant to submit legal arguments supporting the claim for Social Security benefits and demonstrating the reasons the Administrative Law Judge erred in denying the applicant’s benefits. The Appeals Council can affirm the Administrative Law Judge’s denial, send the case back to the Administrative Law Judge for further consideration, or grant Social Security Disability benefits to the claimant.

FEDERAL COURT

If the Appeals Council decides to affirm the Administrative Law Judge’s decision, a claimant can appeal his or her claim to the Federal Court. Like the Appeals Council, the Federal Court also has the option to affirm the Administrative Law Judge’s denial, send the case back to the Administrative Law Judge for further consideration, or grant Social Security Disability benefits to the claimant.

How long does it take to receive a decision?

At the initial and reconsideration levels, Social Security will issue a decision within about 3 to 6 months.
At the hearing level, a hearing will be scheduled within about 5 to 12 months depending on the judge’s schedule.
A decision is issued about 30 days after the hearing. At the Appeals Council and Federal Court level, decisions are made within about 1 year from the time the appeal or complaint is filed.

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