When to Talk to a Disability Lawyer
A Social Security Disability Attorney Can Improve Your Chances of Getting Approved for SSDI or SSI Benefits
The Social Security Disability system is complicated. To receive benefits through the Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) programs, you must present medical evidence, satisfy technical requirements, and meet all legal deadlines.
And you must do all of this while dealing with a physical or mental health condition that makes it impossible for you to work and complete your daily living activities. It’s no surprise that many people get intimidated by the process and give up too early.
Fortunately, you do not need to represent yourself in a disability claim with the Social Security Administration (SSA). You have the right to hire a Social Security Disability lawyer to serve as your designated representative and prove your claim for SSDI or SSI benefits.
This article discusses why you should hire a disability attorney. Here’s a hint: Hiring a Social Security Disability lawyer improves your chance of winning your SSDI or SSI claim. And you can hire a top-rated lawyer for Social Security claims without paying out of pocket in most cases.
Keep reading to learn more. If you want to talk with one of the best disability lawyers in Virginia or Maryland, call (804) 251-1620 or (757) 810-5614. Our disability law firm helps clients get SSDI and SSI benefits in Norfolk, Richmond, Newport News, Virginia Beach, Fredericksburg, Fairfax, Roanoke, Charlottesville, and Bristol. We’re ready to help you.
Does the Social Security Administration Require Claimants to Have Legal Representation?
No. You do not have to hire an attorney to apply for Social Security Disability benefits or pursue your claim.
Unlike some courts, the Social Security Administration allows you to represent yourself in claims for SSDI or SSI benefits. However, just because you can handle your disability claim doesn’t mean you should. There may be some truth to the proverb: He who represents himself has a fool for a client.
The decision of whether or not to hire a disability attorney requires a realistic appraisal of your abilities and your case’s strength. You may not need a lawyer if each of the following statements is true:
- You are well-organized
- You have the patience and ability to complete the initial disability application and additional paperwork the SSA sends
- You have the time and resources to research the law and determine what evidence you need.
- You don’t mind meeting with the DDS claims examiner or the SSA’s attorney-advisor or employee by yourself to discuss your case and think you can persuasively explain why you’re disabled.
- You are comfortable talking with your doctors about the SSA’s requirements to qualify for SSDI or SSI.
- You have the money to pay upfront fees from your medical providers to complete the forms necessary to get approved for disability.
- The medical evidence shows that you meet the criteria for a condition in the SSA’s Listing of Impairments.
- You have family members or friends who can help you with the process.
But if you are uncertain about any of these factors, hiring a disability attorney makes sense. Later in this article, I discuss other situations where you should hire a Social Security lawyer.
Do I Have a Better Chance of Getting Approved for Disability if I Hire a Lawyer?
Yes. The evidence shows you are more likely to get approved for SSDI or SSI if a disability attorney represents you – anywhere from two to three times more likely.
Getting approved for disability is challenging.
There is a large variance in disability denial rates from state to state. However, the award rate for disability applicants has averaged only 34 percent over the past fifteen years. That means the SSA denies two out of every three disability claimants.
Multiple surveys and studies have shown that hiring a disability attorney makes a big difference in your claim’s outcome. Depending on the research reviewed, hiring an attorney can more than double the SSA’s likelihood of approving your SSDI or SSI claim. One recent government report indicated you are almost 3x as likely to get approved with a disability attorney as you are without one.
What Does a Disability Attorney Do? Understanding Their Role in Your Case
You may be wondering how a Social Security Disability lawyer can improve your chances so much, and whether you can trust one with such a critical case. Your ability to survive financially likely depends on the outcome.
Let’s start with trustworthiness and ethical behavior.
Disability attorneys must comply with the SSA’s Rules of Conduct and Standards of Responsibility.
When you hire a top-rated lawyer who is familiar with the SSA’s procedures and the disability claims process, you can expect them to respect your confidentiality and do everything in their power to increase the likelihood that your claim is approved.
Now here are some specific reasons for hiring an attorney for your SSDI or SSI claim.
- You won’t have to travel to the local Social Security office and wait in line. Each year, millions of people apply for SSDI or SSI benefits. Many go to the Social Security field office to apply for benefits, submit information about their case, and talk to disability claim examiners. This is a hassle. Instead of spending your time in line or waiting on the phone for the next available Social Security employee to take your call, let your disability attorney take care of communicating with the SSA.
- You won’t have to complete all the paperwork. Filing for disability and prosecuting your claim takes page after page of paperwork – and I’m not even talking about the medical evidence. Don’t spend your time trying to complete the paperwork or worrying about whether you answered the questions correctly. Hire a disability attorney to take care of the education, work history, Residual Functional Capacity Assessment, and other forms for you.
- Your attorney will obtain and review your Social Security file to make sure everything is correct. I’ve lost track of the number of times the SSA has submitted information from the wrong claimant into my client’s file.
- Your attorney will get the medical records and employment documents to support your claim. This is expensive and time-consuming. Your disability lawyer will know what medical records and reports you need and how to get them.
- Your attorney will talk with your doctors about how they can help you win your case.
- Your attorney will connect you with community organizations and low-cost or free medical providers that can give support while waiting for a decision in your case.
- Your attorney will help you and your witnesses prepare for the hearing.
- Your attorney will go with you – or attend on your behalf – any interview, conference, or hearing with Disability Determination Services or the SSA.
- Your attorney will request reconsideration, a hearing before an ALJ, or an Appeals Council review when appropriate.
- Your attorney will develop your case’s theme and the best strategy to get approved for SSDI or SSI. This includes selecting the proper alleged onset date and obtaining evidence to show you meet a listed impairment in the SSA’s “Blue Book.” Storytelling is essential in all areas of law. Your disability lawyer will help you tell your story persuasively.
- Your attorney will elicit testimony from the Vocational Expert or Medical Expert to support your claim and cross-examine them when necessary to defend your rights.
- Your attorney will keep up with law changes and submit a brief containing legal arguments and case citations to try to get your claim approved as soon as possible.
- Your attorney will ensure you comply with all deadlines.
Nine Situations Where You Need a Disability Lawyer
Earlier in this article, I explained when you might not need to hire a lawyer for your SSDI or SSI claim – at least not right away.
Now let’s talk about some situations where I recommend hiring a Social Security Disability attorney immediately and with no hesitation.
If any of the following statements are true, call a disability lawyer:
- You know yourself and know that you will have difficulty completing and following up on the paperwork needed to prosecute your claim.
- You don’t feel like handling the claim on your own – for whatever reason.
- You don’t have the time to represent yourself because of family obligations (taking care of children, parents, etc.) or medical appointments.
- Your medical condition prevents you from representing yourself as effectively as possible. For example, a back injury, past spinal fusion, or osteoarthritis affecting your knees may make it difficult to get around to gather the documents you need to win. Or traumatic brain injury resulting in post-concussion syndrome, PTSD, depression, or anxiety may make it difficult to deal with people or focus on the tasks needed to win.
- You have a learning disability, limited education, or difficulty speaking or understanding English.
- You have received at least one denial from the SSA and need to file a request for reconsideration or a hearing.
- You are receiving long term disability benefits, and a company has contacted you on behalf of the long term disability insurance company and offered to help.
- You are receiving workers compensation payments under your state’s workers comp laws. Settling your workers comp case without the correct language can reduce the amount of your SSDI benefits and affect your Medicare eligibility. An attorney can explain the relationship between Social Security Disability and workers comp, and recommend the best course of action.
- The SSA’s Appeals Council denied your case, and you want to file a lawsuit in federal court.
When is the Best Time to Hire a Social Security Disability Attorney?
You probably expect me to say that you should hire an attorney as soon as you think of filing for disability, no matter what. But I won’t.
Hiring a disability attorney before you apply for benefits is a good idea – one with minimal to no downside and that you are unlikely to regret. It can reduce your stress significantly. However, it may not be necessary.
Suppose you are hesitant to hire a Social Security lawyer. In that case, I think it’s ok to wait until the SSA has decided on your initial application if you believe you have a high probability of success and trust yourself to submit a complete and persuasive application. If you’re approved, great. If you’re not, call an attorney.
How is a Disability Lawyer Paid?
Attorneys who represent disability claimants understand that you don’t have the money to spend on attorney fees when you cannot work and need medical treatment. Finding a way to pay for medical attention is often a challenge for disability claimants.
Many disability lawyers, myself included, do not charge an upfront fee. Instead, we work on a contingency fee basis. This means that you don’t pay an attorney fee unless the Social Security Administration allows your claim for SSDI or SSI benefits. If you lose your request, you don’t have to pay your attorney.
The SSA will pay the attorney fee directly, and only after reviewing your fee agreement to make sure it is fair. Fees are paid from past-due benefits (back pay) you are awarded. This means both you and your attorney have an interest in not only winning your claim but in getting the SSA to award benefits as far back as possible.
What is the Most a Disability Lawyer Can Charge?
Usually, the attorney fee will equal 25% of the past-due benefits or $6,000, whichever is less.
Your attorney cannot receive more than $6,000 if the Social Security Administration awards your claim.
The only time your attorney can receive a fee greater than $6,000 is if the SSA denies your claim, and your attorney files a civil action against the Commissioner of the SSA in federal district court. If you win your disability case in federal court, the SSA will award more than $6,000 in attorney fees.
Can a Lawyer Speed Up My Disability Claim?
Maybe.
A disability lawyer may be able to speed up your disability claim in three ways.
First, by making sure you satisfy all the appeals deadlines. If you miss a deadline, you have to start over. This can add months or even years to the process. A disability lawyer can ensure that you never miss a deadline and have to start from the beginning.
Second, by making sure that your file is complete and you have the proper documentation. Incomplete information and records are common causes of delays in the Social Security Disability process. An attorney can help you submit a complete and accurate application that reduces the time spent tracking vital evidence.
Third, by helping you submit a dire need request. If you have proof that your medical condition is terminal or you might lose your home, your attorney can help you receive an “on the record” decision or a dire need hearing. Both of these options reduces the time spent waiting for a decision.
Do I Need a Social Security Disability Lawyer?
Now that you have read about the factors to consider when deciding whether to hire a Social Security Disability attorney, let’s summarize it. My recommendation is: If you are unable to work because of a physical or mental disability and the SSA denied your initial application, you need to hire a disability lawyer to give you and your family the best chance of receiving disability benefits.
Studies have shown that claimants represented by a disability attorney are three times more likely to get approved and receive SSDI or SSI payments.
The DDS claim examiners and Administrative Law Judges who decide disability claims do not work for you and are not there to look out for your best interest. They can deny your request for benefits – and often do.
Understanding when to hire an attorney can be the difference between poverty and having to rely on friends and family for support and tens of thousands of dollars in disability benefits (or more). A skilled Virginia disability lawyer with the resources, experience, and training to handle your claim from start to finish gives you the best chance of winning.
My firm has handled over 15,000 Social Security Disability claims, helping disabled adults and children in Virginia, Maryland, North Carolina, Washington D.C., Delaware, West Virginia, and Pennsylvania. There is a reason personal injury lawyers, attorneys in different fields, social workers, and medical providers refer us cases. We win.
If you still don’t know the answer to the question: When should I hire a Social Security Disability lawyer? – call me at (804) 251-1620 or (757) 810-5614 or complete our contact form. See if my firm is the right fit for you and your family.
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