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Social Security Disability

Traumatic Brain Injuries, Social Security Benefits, and Legal Representation

Written by Chad Wm. Schulze, Esq.

If someone has incurred a traumatic brain injury, that person is entitled to receive fair and adequate compensation from all available avenues. One such avenue is through Social Security Disability Insurance (SSDI). Although SSDI benefits can be obtained without legal representation, there are several reasons why retaining a social security attorney is recommended.

First, the process of applying for SSDI benefits can be confusing and complicated, particularly for those unfamiliar with the process or suffering from memory loss. During this process, it is unfortunately too easy to miss a deadline, improperly fill out a SSDI form, not understand a particular term, or fail to provide complete medical documentation. A qualified social security attorney can be invaluable in avoiding these pitfalls. Social security attorneys are required to know what information needs to be filed and when that information must be filed. Social security attorneys will be able to acquire all of the necessary medical documentation the social security administration needs to be able to make a fully-informed decision on a disabled individual=s SSDI claim.

Second, retaining a social security attorney can provide peace of mind to the potential claimant. A person who has a traumatic brain injury has his or her life changed forever, and additional worry about forms and deadlines will not help that person in his or her attempts to recover from the injury. Social security attorneys are fully aware of the SSDI process and its requirements and will make sure the SSDI claim is complete. This knowledge will increase the claimant=s chances of success. Peace of mind is also available from the fact that social security attorneys work on contingency fees, meaning that the attorney receives a fee only if the SSDI claim is successful.

Finally, retaining a social security attorney may improve a claimant=s chances of winning on the SSDI claim. A majority of SSDI claims are denied. Therefore, in order to continue pursuing the SSDI claim, a claimant must appeal the agency=s decision in front of an administrative law judge. It is here where an experienced social security attorney may be of considerable benefit to a SSDI claimant. Since social security attorneys are well-versed in the law and are extremely knowledgeable about the appeals process, the odds of succeeding on a SSDI claim are statistically greater if the claimant has obtained legal representation than if a claimant unfamiliar with the process attempts the appeal without representation.

It is indeed true that SSDI benefits can be obtained without legal assistance. However, in order to increase the chances of success, the knowledge and assistance of a social security attorney during the process can be invaluable. As a result, a potential SSDI claimant should give serious consideration to retaining legal representation.