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 Impairments
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
Ask a question, get an answer
Should I get representation for my disability claim for migraines?
If your initial disability claim for migraines is denied, you will have to begin the Social Security disability appeal process if you wish to continue your disability claim. Social Security makes representation available to all disability applicants by setting rules that lessen the financial burden to them.
While Social Security does entitle your representative to a fee, they only get to collect their fee if they win your disability case. And there is a limit to the amount of their fee.
Your representative’s fee is 25% of any back payment of disability benefits up to $6000. For example, if you are approved for disability with a back payment in the amount of $10,000, your representative receives 2500.00, not $6000.00. The fee is the lesser of 25% or 6000.
My only caution would be to read your fee agreement carefully, because they are allowed to collect expenses outside of their fee. Once you sign the fee agreement, you are legally obligated to pay according to your fee agreement.
Now, is it worth it to get a lawyer and have representation? Since Social Security has no impairment listing for migraines, disability determinations are often more subjective. Therefore, a professional disability representative or a disability lawyer can often help. Your representative can be an attorney or a Social Security representative. Either can be affective; if you chose an attorney, make sure you choose one who specializes in Social Security disability.
Your representative should be familiar with Social Security disability court rulings and the medical vocational grid. This information allows them to present your disability claim in a manner that will be most favorable to you. It would be hard for you to do this because you would not know any of this information. The wait for a disability hearing can be lengthy and you will want to give your disability claim the best chance for an approval.
Return to: Social Security Disability Resource Center, or read answers to Questions
Will I get Social Security Disability back pay?
Can I get permanent Social Security Disability
Can I be get disability back pay if I am approved for migraines?
Should I get a lawyer for a disability claim for migraines?
Can I be approved and awarded disability if I have migraines?
How much does Social Security Disability SSI pay?
Winning disability benefits, how do I win?
How to win your disability benefits
How to apply for disability for medical conditions
Social Security Disability application, how to apply, file
How long to get a disability hearing decision answer?
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
Social Security Disability status, How to check
How to find if a Social Security disability claim has been approved or denied?
How to qualify for disability, who qualifies?
Qualify for disability, eligibility requirements, criteria
How long does a request for a disability hearing take?
How Long Will it Take To Get a Disability Decision Letter from Social Security?
How long does it take to get or be approved for SSI or Social Security disability?
Applying for disability, how to apply, where to go
When should you File for Disability benefits
How Far Back Can SSI Back Pay Be Paid?
Maximum back pay you can get for Social Security disability