As with any other court proceeding, being prepared and making strong arguments makes it easier to win a disability benefit case. When California residents have an attorney or other representation, it makes it easier to prepare for a case. One of the things that a representative will do prior to a hearing is gather as much evidence as possible to bolster a person’s claim of being physically or mentally disabled.
For instance, the representative may send updated medical records to the judge assigned to hear the case. An applicant’s representative may also get a statement from that applicant’s physician prior to the hearing. This is helpful because the form used to obtain the statement will be accepted into evidence. Furthermore, the representative will know what the disability judge is looking for in terms of specific evidence that could be used to verify that a person is disabled.
As a general rule, having representation at the administrative hearing level improves the odds of winning a disability case. This is largely because representatives have experience handling such cases and know which strategies have the greatest likelihood of being successful. Furthermore, their knowledge of the law could help them to avoid mistakes that might result in not obtaining a favorable ruling in such a matter.
Those who are unable to work may be eligible for SSD benefits based on their work record. An attorney may be able to assist an individual in obtaining medical records and other evidence that could bolster this assertion. To qualify for benefits, an individual must generally be unable to secure gainful employment for at least 12 months. If necessary, an attorney may represent an individual during a court hearing. Legal counsel may also be of assistance during the initial appeal or reconsideration levels.