Overview of Disability
Disability Back Pay
Requirements for Disability
Applications for disability
Tips and Advice for Disability Claims
How long does Disability take?
Winning Disability Benefits
Common Mistakes after a Denial
Mental Disability Benefits
Denials for Disability
Appeals for denied claims
Disability Benefits from SSA
Child Disability Benefits
Qualifications and How to Qualify
Working and Disability
Disability Awards and Notices
Disability Lawyers, Hiring Attorneys
Social Security List of Conditions
What Social Security considers disabling
Medical Evidence and Disability
Filing for Disability Benefits
Eligibility for Disability Benefits
SSD SSI Definitions
SSDRC authored by Tim Moore
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Disability Lawyers and Finding your Disability Lawyer
Some individuals consider the issue of representation before they even file a social security disability or SSI disability claim. And some individuals consider finding a lawyer after they have received a notice of denial from the social security administration. However, the majority of all claimants typically have the same questions about disability lawyers and here are just a few.
Question 1: Are lawyers required for filing appeals on disability claims?
Answer: No, disability lawyers are not required for this. If you file a claim for disability benefits with SSA (social security administration) and get denied, you can file the appeal yourself. How do you file a social security disability or SSI appeal? Fairly easy. You can do the appeal online. Or, if you prefer to file a paper appeal, just call the social security office where you applied, notify them that you'd like to submit an appeal, wait for them to send you the appeal paperwork, complete the paperwork, and return it. Ideally, you should do this within just a few days of receiving your denial notice (you are alloted 60 days in which to file an appeal, and this applies to internet appeals, but don't wait to do this any longer than necessary).
Question 2: Do lawyers increase the odds of winning disability cases?
Answer: Disability lawyers can certainly improve the odds of winning claims for disability benefits and can influence the outcome of a case at the intial claim phase, first appeal phase known as the reconsideration, and disability hearing phase. However, in most cases, disability lawyers make their greatest impact at the disability hearing level at which a claimant's case is presented before an administrative law judge. At a disability hearing, a claimant's lawyer can present a rationale (based on a knowledge of social security rules and regulations) as to why a claimant should be approved for continuing disability benefits.
Competent disability representatives can enhance your chances of winning your claim because they will understand the following:
Question 3: How expensive are disability lawyers?
Answer: Obtaining assistance from lawyers in various fields can be fairly expensive due to upfront fees. Fortunately, for individuals attempting to win social security disability or SSI disability benefits, the social security administration regulates how disability lawyers may receive their fees.
How are disability lawyers paid? Disability lawyers receive a percentage of a claimant's backpay as their fee. Currently, this percentage is set at one-fourth of whatever backpay is owed to an individual who has won their claim for benefits. This is the current maximum fee for a disability attorney or representative.
The system that regulates how disability lawyers are paid is beneficial in a number of ways. First of all, claimants are not required to pay anything upfront (which makes the issue of finding representation much less complicated). Secondly, no fee is paid to a lawyer unless a case has been won (meaning a lawyer has every incentive to do a competent job of handling a case).
All this said, however, some representatives and attorneys will charge for incidental expenses which can include travel expenses, the cost of obtaining medical records (which are seldom ever free from doctors and hospitals), etcera. Reimbursement to a representative for getting the medical records obtained is a completely valid expense and is beneficial to claimants because it allows them to avoid this as an upfront expense and to reimburse the representative when the case is concluded. As to other incidentals, all claimants are advised to read the fee contracts presented to them before they sign them and agree to being billed for these charges.
Question 4: When should you consider getting a disability lawyer?
Answer: A person who files for disability benefits may obtain a lawyer at any point in the process. Or not. Their is no requirement to have a lawyer or representative.
That said, however, it is always advisable to have a lawyer at a hearing. Statistically, the use of disability lawyers at hearings increases the chances of winning by about 50 percent (roughly 40 percent of claimants who go to hearings without lawyers win their claims while roughly 60 percent of claimants who go to hearings with lawyers win their claims). Also, claimants who have received a notice of denial on a claim may wish to consider finding representation since this will typically mean that a disability hearing will be necessary. In fact, statistically, a person who has been denied on an application for disability will nearly always have to attend a hearing in order to be approved.
Return to: Social Security Disability Resource Center, or read answers to Questions
How much does a Social Security disability attorney get paid?
How will an attorney help me win disability benefits?
Can a disability attorney speed up my disability case?
Disability Lawyers, Medical Records, and Social Security Hearings
Why do I need an attorney for Social Security disability?
Why does Social Security or DDS disregard my doctor's statement supporting my case?
When you file for disability do you have to see their doctors?
Social Security Disability Approval and Denial Rates
Social Security Attorneys and Disability Representatives
Disability lawyers - basic questions for Social Security help
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
Disability qualifications - Who will qualify is based on functional limitations
What do you Need to Prove to Qualify for Disability Benefits?
How to file for disability and the information needed by Social Security
What conditions do they Award Disability Benefits for?
How does back pay for Social Security disability work?
What makes you eligible for Social Security Disability or SSI? Part I
To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?
Social Security Disability Status - when should I call to check
Do Lawyers Improve The Chances of Winning Social Security Disability or SSI?
What is qualifying for disability based on?
How to qualify for disability - The Process of Qualifying for Benefits
Receiving a Social Security Disability Award Letter
How long does it take to get disability?
Filing and applying for disability in Texas