Do I need a lawyer to apply for disability?

You should obtain an attorney before appearing before a Social Security Judge. You do not need a lawyer to apply for disability. However, statistics have shown that your odds of winning a disability case increase with representation. This is because the law governing the determination of disability can be very complex. Without guidance, it is easy to harm your case without realizing it. Common sense cannot guide you. An experienced attorney can help determine the issues in your particular case, and advise you on how best to deal with those issues.

It can take more than a year to get your date in court. If you lose at the hearing level, you will be forced to appeal or start over, both of which are lengthy processes. A disabled person should get the best advice possible in order to assure success the first time through the application process.

Why should I choose Stewart Law Offices, to represent me in my disability case?

Attorney Tracy Stewart has been winning Social Security disability cases and appeals since 2002. Numerous cases have been won at every level, including the initial determination, the administrative hearing, the Appeals Council, and the United States District Court.

When you hire Tracy Stewart to represent you in a disability case, you are hiring someone who is extensively experienced and devoted to this area of law. regularly takes disability cases to the next level.

Tracy Stewart is a member of the National Organization for Social Security Claims Representatives and the Colorado Trail Lawyers Association. She also participated as the primary writer in preparing comments to the U.S. House of Representatives' Committee on Ways and Means on the recent proposed changes to the disability application process.

When you hire Stewart Law Offices, you are hiring a firm who will be conscientious and attentive to your needs. Your phone calls will be returned, and your concerns will be timely addressed.

Please call or e-mail for a free consultation.

How do I apply for disability?

One can apply for disability in person, on the telephone or on the internet. The administration will help you determine for which programs you qualify.

To apply, you will generally need the following information:

     - Proof of your identity
     - Information on your financial resources
     - Your work history
     - The names and dates of your physicians and hospital visits
     - The names and dosages of your current medications

You can apply for disability initially on your own, or if you have difficulties filling out the forms, you can hire an attorney at the outset. If you are applying on your own, it is better to do so in person at your local Social Security office so that you can be better assured that the process was correctly started. You can find your local office by entering your zip code on the social security web site (link to local office finder).

What happens after I apply for disability?

After you apply for disability, your case will be sent to the state Disability Determination Service (DDS), who will make the first decision on your claim. This office should order all your relevant medical records, although they sometimes fail to do this. They will also send you some additional forms to fill out. These additional forms might ask you more questions about such things as your activities of daily living, your functioning, your fatigue and/or your pain. It is important to be as detailed as possible in filling out these forms. If you require assistance, you may want to hire an attorney at this point.

The DDS may also send you for a medical or psychological examination from a Social Security contracted professional. An experienced attorney can help you understand what to expect in that appointment.

What happens if I am denied?

Many applicants are denied by the DDS at the initial level. If this happens to you, do not become discouraged. Your best chance at winning a disability case is at the hearing level.

After being denied by the DDS, you have 60 days from the date of that decision to Request a Hearing before an Administrative Law Judge. Do not fail to request a hearing, within the 60 days, or you will most likely have to start your application over.

In most cases, this is the best time to hire an attorney. At this point, your attorney can help you file the appeal, and advise you on how to prepare for the hearing. When the hearing is scheduled, an attorney will review your testimony and what to expect, and accompany you to the hearing.

Please call or e-mail for a free consultation.