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Q: Will claims that have representation from social security attorneys have a better chance at being awarded benefits during a hearing than those that do not have representation?
A: Statistically speaking, most claims that are awarded benefits after a hearing have been represented by social security attorneys. Some claims that do not have legal representation are awarded benefits, as well. Social security attorneys have the expertise, education and experience to know what is needed by judges and claims examiners to adjudicate claims fairly. Most claimants do not have that level of knowledge or experience. So although social security attorneys are not required in order for claims to go before hearings, their expertise can be extremely beneficial. For that reason, claims will usually have a better chance at being awarded benefits during a hearing if they are represented by social security attorneys.
Q: Do you have to wait 5 months to apply for SSDI?
A: No, there is not a waiting period to apply for SSDI. There is a waiting period to receive benefits, but not to apply. Many people are confused by that. If you are awarded benefits, you are not entitled to receive benefits until 5 months after your established date of onset (when your condition or injury began). The review process can be quite lengthy and many claimants are well past that 5 month waiting period by the time they receive decisions on their claims. In fact, many are awarded retroactive benefits, or back pay, for the time between when they became eligible to receive benefits and when they were awarded them. The bottom line is that you should not wait to apply for SSDI. If you expect your injury or condition will prevent you from working for a year or more, apply.