Do I need a lawyer to help me with a disability reconsideration of appeal or can I do this on my own?

I applied for social security disability because of my fibroymyalgia. My claim was denied. I can’t work and I’m in constant pain all the time. I’m going to appeal the decision to deny my benefits. Do I need a lawyer for the reconsideration appeal of disability benefits or can I appeal myself?

Answers (1)

When you apply for social security and it is denied, there are several levels of appeal that you go through. Reconsideration is the first level of the appeals process. When you first receive your denial, this means requesting reconsideration is the first step. You can request this reconsideration in writing by contacting the Social Security Administration. Generally, you do not need to be present for reconsideration. The process simply involves a review of your application and all evidence contained in the application by someone who was not involved in the first decision. If your claim is denied at this level, you next have the right to request a hearing by an administrative law judge. If your claim is denied at the hearing level, you have the right to appeal to the SSA Appeals board. Finally, your final course of action is to file an appeal in federal court. You do not necessarily require an attorney to file a reconsideration appeal, although an attorney can help you to determine why your original application was denied and can help you strengthen your application so that it may be approved in reconsideration. While you aren’t required to have an attorney, you are permitted to have one, and if you appoint an attorney as your representative, the SSA will negotiate with that representative who is acting on your behalf as they would with you. However, a representative is not permitted to receive payment for services without written approval from the SSA. An experienced attorney can explain the entire appeals process to you and help you through it, so it is a good idea to at least consult with an attorney before beginning the appeals process.

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