You’re disabled and have decided that you want to receive Social Security disability benefits. What do you do next? To start the process, you will be filling out a lot of forms, both from the Social Security administration and from a Boise Social Security Attorney with Advocate Attorneys. Below is a brief overview of some of the most common forms you will be completing.
Your disability attorney will send you several forms you need to complete for him. Two of these forms are the SSA-1696 and a fee agreement. The 1696 is the form that appoints your Social Security disability lawyer as your representative. You’re not supposed to name an entire law firm as a representative, but you can name multiple lawyers as representatives if you wish. If you do this, you will have to indicate a main representative because Social Security will only send copies of notices to one representative.
The fee agreement establishes how your disability attorney gets paid. You will simply have to sign and return it. Typical language used in a fee agreement form is as follows. “There will be no fee unless I win my case. If my claim is approved at any time in the initial, reconsideration, hearing, appeals counsel level, I agree to pay a maximum fee of the lower of (a) twenty-five percent (25%) of past due benefits, or (b) $6,000 (or such higher amount as the Commissioner of Social Security may allow that is in effect at the time of a favorable decision).” If you see language much different than this, of if the attorney wants to charge you an upfront fee, find someone else to represent you. Your disability lawyer may also send you Form SSA-3288, which is simply a form that allows them to release your records to your representative.
You will also receive Form SSA-827 from Social Security. This form will allow Social Security to request your medical records. Your medical records are very important, because the Social Security administration and the DDS office will look at them to determine whether or not you will receive benefits.
Your initial claim will take somewhere between 90 to 120 days. Unfortunately, most people are denied at the initial level. The thirty percent or so of claimants who are approved usually have very severe cases that are documented very well by medical records. Don’t get discouraged if you are denied—there is always the reconsideration and the hearing.
If you are denied initially, typically you or your attorney will complete an online version of the Form SSA-561, which is the request for a reconsideration. This form will just briefly ask you why you disagree with the decision. The reconsideration process will usually take another 60-90 days. About 10% of people who file for reconsideration are approved. If you are denied again, then you or your attorney will complete an online version of the Form HA-501, which is the request for a hearing with an administrative law judge. These forms must be completed within 60 days or your case will be closed.
Waiting for your hearing takes the longest, lasting anywhere from nine to twelve months. If you can show that you are in dire need, you may have your case expedited. Your disability attorney may also decide that you are a good candidate for an on-the-record-decision, which means you may not have to go before a judge and the process could take much less time. If you do have to go before a judge, don’t be discouraged—this is where most people get approved. Our Boise disability lawyers get 85-90% of our claimants approved at the hearing level.
There are two other very important forms you will see: the SSA Form 3373 (The Function Report, sometimes called the Activities of Daily Living Report) and the SSA Form 3369 (The Work History Report). These forms are so important that a separate article has been dedicated to completing these forms. You should seek tips from your Social Security Attorney before completing these forms.
If you have any questions about forms or the disability process, please contact one of our Boise Social Security disability lawyers. Not only can our Social Security lawyers help you fill out all these forms, but they can help you fill them out in a way that helps your case and avoids costly mistakes. They can help you properly state your claim, and they can help answer questions about the forms. www.idahodisabled.com
Originally posted 2014-01-02 17:16:27.