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Recent Questions

SSDRC Disability Blog

After filing for disability, when should I get a lawyer or representative?




 
Should you get an attorney for your disability claim? There are different ways to approach the question. The only time I would say that a person would be exercising poor judgement in this regard would be a scenario in which they have a hearing scheduled (or requested) and are intent on going to the hearing alone and unrepresented.

That is, in my opinion, foolish. Even if I, a former disability examiner and a non-attorney disability representative, suddenly found myself filing a claim and I had a hearing to go to, I wouldn't go without representation nor would I try to represent myself simply because there is a basic value in having someone advocate your claim for you.

Regarding the majority of individuals who find themselves at the hearing, they will simply have no idea of how to interpret what is in their files (which will include prior decisions and residual functional capacity assessments), how the decision was made on their case at the application and reconsideration appeal levels, and what is needed to establish that their claim satisfies the SSA definition of disability. Furthermore, they will be completely unarmed if the judge has expert witnesses present at the hearing. However, all of this regards the hearing level.

At the disability application and reconsideration appeal levels, there is not as much urgency in having disability representation. Let me speak further on that. There are some representatives, attorney and non-attorney, who will make a vigorous attempt to get your case won at those earlier levels. And if you happen to get such a representative, it can be extraordinarily beneficial.

Why? Because if your case is won without the need for a hearing, it can save you over a year's time waiting for a hearing to be scheduled, and possibly months more waiting for your benefits to be received. All of which can have a profound financial impact. Having said this, though, many, perhaps most, representatives will not make a strong effort to develop your case at the application and reconsideration appeal levels. Very often, this is simply due to the volume of cases they handle and a belief that, statistically, making that sort of effort is not really worth their time and effort.

But, even if this is the case, a person who obtains early representation can still benefit. When you are represented, your representative is responsible for filing timely appeals for you. Which may not sound like an extraordinary amount of work, but the simple fact is that a fair number of people miss their appeal deadlines. When you have representation, the appeal gets filed and the case moves forward. Representatives also do other things to help ensure that the case moves along such as sending out reminders if you have a consultative examination scheduled by a disability examiner.

To answer the question: if you have a hearing that you have requested, I would say get an attorney or non-attorney representative. If your case has not gotten that far, make the decision based on an evaluation of your needs. Keep in mind the fact that you may win your case on your application or reconsideration appeal without the need for any assistance, but if you obtain representation at those levels and the case is approved you will have to pay the disability lawyer representative a fee (which will be automatically deducted from your back pay).








Return to:  Social Security Disability Resource Center, or read answers to Questions








Related pages:

What is the Social Security definition of disability?
What does social security mean by disability?
When is a Person Considered Fully Disabled by Social Security?
Can you be approved for disability without having to go to a hearing?
Do doctors understand what medically disabled for Social Security is?
Why does it take so long to wait for a disability hearing
Total disability for Social Security
SSI Disability Appeal works better than a new claim
The list of differences between Social Security Disability and SSI
Getting disability approved on a reconsideration with an attorney
Can you speed up a disability claim?



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 answer some of the most basic questions for individuals who are considering filing a claim.

Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
Will a Judge give you an Immediate Decision at the Disability Hearing?
What happens when you go to a disability hearing?
Social Security Disability SSI and Medical conditions
Social Security Disability lawyer fee
Can a lawyer or attorney speed up my disability case?
When can I expect my first disability check and my back pay check?
Going to a medical exam for Social Security Disability or SSI
Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
How Far Back Can SSI Back Pay Be Paid?
Can you get temporary Social Security disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
How to speed up the disability process
Social Security Disability Back pay and How Long it Takes
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
Social Security Disability and SSI Medical Exams
How long does it take to be approved for SSI or Social Security disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?