Applying for Disability Frequently Asked Questions
Cossy Hough

I have been answering disability application questions for TMA members for a while now and I thought I would address some frequently asked questions.

When should I hire an attorney?
You should look at hiring an attorney by the time you request a hearing for your disability case. This will happen after two denials and is not uncommon in the disability application process. You can choose to hire an attorney before this time but may not need one. You can look for an attorney who takes disability cases for a portion of your back payments once you are approved or you can search and see if there is an agency in your area that will provide low or no cost attorney services for those with low incomes. You may also decide to hire another type of representative. Another type of representative is acceptable at disability hearings in some states.

What should I expect from an attorney?
Your attorney will meet with you about your case. If the attorney is working for a portion of your back payment once you are approved, he/she may turn down your case if he/she doesn’t feel it has a good chance of being approved. The attorney will look over your medical records and prepare you for hearing. It is unlikely, although possible, that the attorney will serve as an advocate in other ways for you. For instance, helping you gather your medical records or follow up with physicians to obtain appropriate paperwork.

What about companies who promise to help with my case for a portion of the approval back payment?
These companies may be of some assistance as long as they are truly serving as your advocate. Their services should, at the minimum, include helping expedite collection of medical records, coordinating with physicians to obtain needed paperwork, coordinating your case with the disability determination worker and making sure they do everything they can to push your case through the system faster. Make sure you have a written contract with anyone providing these services.

Should I appeal a denial?
If you are still unable to work then Yes, Yes and Yes! If you don’t appeal within the time frame given to you on your denial letter you will have to start over.  Many cases are not approved until an in-person hearing.

Feel free to call or email me with other questions: (512)420-0904 or
cossyh[AT SIGN]yahoo.com. I am not an attorney and the above information should not be interpreted as legal advice. I am a licensed social worker in Texas with several years experience working with disability issues.