Applicants for Social Security disability insurance benefits frequently wait until they have been denied benefits at least once before contacting an attorney. Experts believe that retaining legal help before denial can help avoid benefit delays and mistakes.

Qualifying for Social Security disability benefits begins with filling out an application. It is not uncommon for a first or second application to be denied. An applicant has 60 days after a first denial to ask SSDI representatives to reconsider the case. The option after a second denial is to request a hearing with an administrative law judge. If benefits are denied after a second request, an applicant may choose to put the case before the Appeals Council or, ultimately, federal court.

The time lag between a denial and a hearing can be as long as a year. Anxious applicants grow frustrated waiting for a decision and become even more disheartened when the wait is multiplied by repeated denials. Benefits are paid retroactively, but the cut off is one year prior to filing, no matter how long an applicant has been disabled. Confirmation of approval and the actual start of benefits may also be delayed by several months.

Engaging an attorney who specializes in disability issues may not speed the process, but it can prepare the applicant for the expectations of the case reviewers.

Attorneys know the types of medical or work information an applicant will be expected to prove. They know the resources that contain needed records, and understand the administrative hurdles that can slow the process. An attorney can also explain how approval or denial of Social Security disability benefits will affect other benefits like Medicare.

Asking for legal help with these issues can solve problems in processing and keep an application on a timely track.

Source: The Record Searchlight, "Lewis Chamberlain: Attorney shares more about qualifying for SSDI," Dec. 18, 2011