SSDRC
What is the Application Process for Social Security Disability and SSI?
How do you Win Benefits under Social Security Disability or SSI?
If I am determined disabled, how far back will Social Security pay benefits?
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
How to File for Disability - Tips for Filing
If You Get Approved For SSDI Will You Also Get Medicare?
How much does a Social Security disability attorney get paid?
Social Security Disability SSI Criteria and the Evaluation Process
How long does it take to be approved for SSI or Social Security disability?
What do you Need to Prove to Qualify for Disability Benefits?
Social Security Disability SSI and Fibromyalgia
Social Security Disability SSI and Degenerative Disc Disease
Can I Qualify For Disability and Receive Benefits based on Depression?
Answers to questions about SSD and SSI disability
What Disabilities Qualify for SSI and Social Security Disability Benefits?
Social Security Disability Status
Social Security Disability Tips — how a claim gets worked on
Social Security Disability, SSI Disability - Terms, Definitions, Concepts
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Should you talk to an Attorney before you file a Disability Claim with Social Security?
How to prove you are disabled
and win disability benefits
This is a common question that gets a fairly common response; however, I was asked this question by someone whose situation is a classic example of when it may make perfect sense to talk to an attorney who handles disability cases, or a non-attorney disability representative.
Before addressing the individual's specific situation, what is the standard answer to the question, "Should you think of getting a lawyer before you have been denied for disability, or before you have even filed a disability claim?". The answer for many people will be: "No, wait until your claim has been denied at least once before getting a lawyer".
The rationale behind this answer is that when a person gets a lawyer and files the paperwork for representation--which includes a fee agreement and signing an SSA-1696 appointment of representative form--if the disability case is won the lawyer will be fully entitled to receiving a fee even if they did very little on the case.
(Note: The fee is equal to one-fourth of the claimant's back pay up to a certain maximum -- to see the current maximum, visit this page: How much is a disability lawyer paid?).
Why should a person pay a disability lawyer for providing services if no services, or very little in the way of services, was actually provided? Most would conclude that there is no reason for doing this. In other words, if the bulk of the lawyer's work only occurs after the claim has been denied at the disability application level, getting a lawyer can easily wait until the claim has been initially denied.
My own opinion in this area is that a person would be ill-advised to go to a disability hearing where the decision is made by a federal judge (and where expert vocational and medical witnesses may be called by the judge--solely at their discretion--to provide pivotal testimony) without representation.
Furthermore, if a person receives a denial on a disability application, the argument can be made that they might as well get disability representation before their case is decided at the next level (the reconsideration appeal level). This is simply because most reconsideration appeals are likewise denied, making the need for requesting a hearing nearly a foregone conclusion.
In other words, if you get denied once, you are, statistically speaking, highly likely to get denied again, and you will probably have to go to a hearing in order to win disability benefits...so you might as well get a disability attorney
Continued at: Should you get a Disability Lawyer before you File for Disability, or get an answer on your Claim?
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page
Topics and Questions
What is Social Security Back Pay?
What makes you entitled to receive disability benefits under SSI or SSD?
What kind of Final Decision can I receive on my Disability Application?
If you get denied on a disability appeal can you get another appeal?
What is the best way to check the status of a Social Security Disability Claim or SSI claim?
Why do I need an attorney for Social Security disability?
Applying for disability benefits in Massachusetts
Who qualifies for disability benefits ?
Will my disability case be reviewed after I have been approved for disability benefits?
How far back are Social Security disability benefits awarded on an appeal?
What happens after I file my disability claim?
The Time Involved on a Social Security Disability Decision
What is the maximum fee a Social Security disability attorney can charge?
How Long Will it Take To Get a Decision Letter from Social Security Disability?
Reconsideration of a disability denial-what does it involve?
How do you prove your disability case if you have a mental condition?
How to Claim Disability When you Have a Medical Problem
Social Security Consultative Medical Exams and How they affect Disability Claims
What is the Social Security definition of disability ?
Social Security Disability Hearings - what to expect
What are the questions that get asked at a social security disability or SSI hearing?
What are the Application Requirements For SSI Disability
Filing for Social Security disability- what to bring when you apply
How do you appeal if you are denied for Social Security disability ?
How Long Will It Take For A Decision Letter For Social Security Disability?
Is multiple sclerosis considered a disability by Social Security?
How Long Will It Take To Get Approved for Disability?
Medical Evidence Used on a Social Security Disability or SSI Claim
Can you be denied for SSDI or SSI disability if social security cannot find your medical records?
What is DDS, or disability determinations services ?
How does the Social Security Disability Review work?
Can the Social Security Office give you Bad Advice on a Disability Claim?
If my disability claim is denied do I have to file an appeal to win back pay and monthly benefits?
Who handles my case if I apply for Social Security disability ?
How does Social Security Decide if I am Disabled?
What happens if the Social Security disability examiner cannot find all the needed medical records?
Social Security Temporary Disability - Can I get temporary benefits?
Are There Social Security Disability Guidelines For How Disabled You Have to Be?
The Social Security Disability Doctor Appointment is Called a CE
Do you get medical health care coverage with SSI ?
What does SSA consider a severe impairment for Social Security Disability or SSI Disability Benefits?
You Must Give Social Security Disability Your Work History When You Apply
Social Security Disability Hearings - What is the ALJ
Hiring a Qualified Disability Lawyer in Alabama
When should you apply for Social security disability?
Does Social Security offer Partial Disability Benefits?
Do you get medical healthcare benefits with Social Security disability ?
Social Security Disability SSI Criteria and the Evaluation Process
Social Security Disability, SSI, Mental Disorders, and Functional Limitations
How long does it take to be approved for SSI disability ?
Social Security Administration Physical Consultative Exam (CE)
Social Security Administration Mental Consultative Exam (CE)
SSD and SSI are Federal Programs
The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
Recent approval and denial statistics for various states can be viewed here:
Social Security Disability, SSI Approval and Denial Statistics by state
Special Section: Disability Lawyers and unnecessary claim denials
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