What can an attorney do to speed up a disability appeal? | Rosenthal, Levy, Simon & Sosa

What can an attorney do to speed up a disability appeal?

The slow pace at which requests for an administrative appeal in Social Security Disability cases gets appealed has become legendary of late.

Injured or ill residents of West Palm Beach who are unable to work may wait months or even years before getting an administrative law judge to review the denial of their Social Security Disability benefits claim, and some may even die while they are waiting.

There is only so much a West Palm Beach, Florida, Social Security Disability benefits law firm can do to speed things along, but there a couple of techniques than in the right circumstances might be helpful.

For one, an attorney can prepare what is called a dire need letter. If the attorney’s client is in danger of losing his or her home or medical care in part because they cannot work, then the attorney can explain the circumstances in a letter to the Social Security Administration. Usually, a person should also include documents proving their dire need, as the Administration receives a lot of these requests and may be able to act on only a few of them.

An attorney may also elect to ask for what is called a review of the case on-the-record. In an on-the-record review, the applicant waives his or her right to have a formal hearing in front of the administrative law judge and instead asks the judge to review the case on the medical evidence presented to that point. While this can greatly speed the process up, the risk is that a judge might make an unfavorable decision without hearing the full story behind the case.

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