What Does a Social Security Lawyer in Memphis TN do?
When a person becomes disabled due to an injury, illness, or other health condition, they may qualify for Social Security disability. The Social Security Administration defines disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.” While it may appear to someone who has suffered a disability that applying and obtaining benefits would be a simple process, the reality is anything but easy. Many claimants in Tennessee and across the country are initially denied and end up having to appeal – sometimes more than once – the agency’s decision. A Social Security lawyer can help with the process, but many people may be unsure just what does a social security lawyer in Memphis, TN do to help?
How does the Social Security Administration determine if a person is disabled or not?
When the claimant submits their application for disability benefits, the administration will collect all of their medical records and evaluate if there is a disability and, if so, how much the claimant’s life is impacted. There are a number of factors the agency uses to make these determinations, including the person’s age, work experience, education, and health issues. If the agency determines the claimant is unable to work at their prior occupation, they then look to see if there are any jobs the claimant would be capable of performing.
What is a further review?
If Social Security initially denies the application, the claimant can request a further review of their claim. This is where a second reviewer will examine the case. In the majority of reviews, the second disability examiner also denies the claim. At this point, the claimant can file an appeal requesting a disability hearing. The hearing will be held in front of an administrative judge who will decide based on the evidence the claimant’s attorney presents.
What does a social security lawyer in Memphis TN do at a disability hearing?
A Social Security appeal hearing is held in front of an administrative law judge (ALJ) who will decide based on the evidence the claimant’s attorney presents. While a claimant is not required to hire an attorney, their chance of a successful appeal is often increased by having an experienced disability attorney representing them.
In fact, many claimants find that hiring an attorney right from the beginning is a lot less stressful than trying to do it all on their own. The process for applying for benefits is a complex one with multiple rules and regulations that must be followed. Even one oversight can result in a denial of your claim and/or appeal. An attorney will make sure that the best evidence is presented to the administration and that all of their regulations are met.
If you are trying to get approved for disability benefits and are wondering what a social security lawyer in Memphis TN can do to help improve your chances, call Darrell Castle & Associates to schedule a free consultation and find out how we can help.