An Anniston, Alabama, Social Security Disability Attorney Here to Answer Your Questions and Help You Through the Process

How Do I Know if I Qualify?

In order to receive benefits under the Social Security Disability and SSI programs, you must have experienced physical or mental health problems severe enough to prevent you from working in any regular paying job for at least one year.

The issue is whether you are physically or mentally capable of doing jobs that exist in the economy in significant numbers that you're qualified to do, not necessarily whether you can go back to your old job or obtain a similar job.

Using complex regulations, the Social Security Administration (SSA) considers the following criteria in making determinations regarding your case:

• Medical and mental condition
• Your remaining physical ability to work
• Your age
• Education
• Training
• Work experience

What Do I Do if I've Been Denied Benefits?

Nationwide, about 70 % of all applicants are initially denied benefits.Many of these may ultimately obtain benefits after appeal, preparation and presentation of their appeals before an Administrative Law Judge.

If you are disabled, and have been denied benefits, don't give up. Contact us to see how we can help you.

What Is a Hearing?

The hearing is a crucial step in the appeal process. Approximately half of hearings before Administrative Law Judges result in the claimant being awarded benefits. Although the hearing is informal, as I said, it is conducted by an Administrative Law Judge, who takes testimony under oath and exaines the evidence.

You will be asked a number of questions regarding your medical condition, medical history, physical and mental abilities, education, work experience, training and limitations caused by your disability.

You may present witnesses in your behalf and have the right to examine or cross-examine medical or vocational experts who may be called by the judge to testify. Each case is different and, thus, each calls for strategic decisions to be made.

Do I Need an Attorney?

Because of the informal atmosphere of the hearing, it is possible for a claimant to represent himself or herself. Statistics show, however, that claimants who are represented by attorneys are successful more often than persons without attorney representation in obtaining awards.

It is your decision whether you should hire an attorney, but you should consider the benefits of professional representation and understand what services an attorney would provide in your behalf.

What Would an Attorney Do to Help Represent Me?

Since every case is different, your attorney's role depends on the specific aspects of your situation. In general, though, your attorney will do some or all of the following:

• Gather medical and other items of evidence
• Analyze the specifics of your case relative to SSA regulations
• Discuss the specifics of your case with your physician, explain regulations and acquire a report consistent with SSA regulations
• Refer you to additional specialists, as required, to answer questions and issues addressed by SSA regulations
• Send you to an approved vocational specialist for an evaluation of your ability to work
• Recommend that the SSA refer you to a physician for a consultative examination and evaluation
• Obtain documents from SSA and review actions taken by SSA
• Request that prior application for SSI/SSDI benefits be reopened

An attorney may also help you with all the procedural aspects of the hearing in addition to representing you at the administrative hearing. These steps may involve:

• Request waivers of time limitations
• Request subpoenas to ensure critical witnesses or documents for your hearing
• Advise and assist you in preparation for your hearing
• Protect your rights during the hearing by objecting to improper evidence or procedures
• Cross-examine adverse testimony during your hearing
• Present a closing argument at your hearing arguing your entitlement to benefits under existing SSA regulations
• Submit written summary of evidence and arguments to the administrative law judge
• Review, amend or make legal objections to written post-hearing questions, which are sometimes sent to doctors by an administrative law judge

Depending on the outcome of the hearing and the judge's decision, your lawyer may also help you in the following situations:

• If you win, ensure that the SSA properly and accurately calculates your SSI/SSDI benefits
• If you lose, request a review of the hearing decision from the Appeals Council
• If necessary, represent you in a federal court review of the circumstances of your case

When Should I Contact an Attorney?

Since SSA is now applying the same legal rules at the earlier stages of the claim process that used to be applied only at the hearing and appeals court levels, some attorneys are now representing claimants early in the process, while others prefer to wait until a case is closer to the hearing.

Generally, it is felt that the hearing stage is where representation makes the biggest difference in the outcome of your case, so you should arrange for representation early enough to allow for proper and complete hearing preparation.

Since much pre-hearing preparation, analysis and evidence-gathering go into good representation, you should allow as much time as possible. Your chances of winning improve significantly when your representative has adequate time to prepare.

In cases involving termination of benefits for current recipients, the type of hearing conducted at the reconsideration stage is somewhat different. If you are going to have a reconsideration hearing, you should contact an attorney as soon as you receive the termination notice.

What if I Have Already Lost a Hearing?

Contact us now. Even if you have missed the 60 day appeal deadline you should get in touch with us and see if we can help.

Charles H. Rice, Attorney at Law
1311 Gurnee Ave
Anniston, AL 36201-4568
Telephone: 256-238-0038 | Fax: 256-236-2668

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Charles H. Rice, Attorney at Law, represents clients in Anniston, Alabama and other surrounding communities, including Birmingham, Saks, Jacksonville, Oxford, West End-Cobb Town, Gadsden, Alexandria, Weaver, Munford, Calhoun County, Talladega County, St. Clair County, Clay County, Cleburne County and Etowah County.