The Social Security Administration (SSA
The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …
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May 21, 2021 · En español | It's not required, but you do have a right to professional representation in your dealings with the Social Security Administration (SSA). This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements.
Most disability lawyers limit that 25% fee to no more than $6000 because social security regulations do not require government approval of all legal work performed by the disability attorney. Here are some examples of how this 25% or $6000, whichever is …
While it might not seem like an important factor, personality should also play a role in your decision. You need to be able to get along with the Social Security disability advocate or lawyer you work with. This professional may be working with you for a year or more depending on how far you have to appeal your Social Security Disability case.
You want to work with a social security lawyer that is experienced and dedicated to disability law. You also want one that has a good reputation and a high success rate. Keep in mind, the average approval rate for most disability attorneys runs around 60%. A lawyer may have reservations about your specific claim for a few reasons.
The first thing you need to ask when you meet with the lawyer or advocate you are interested in working with is how accessible they will be. Many Social Security Disability attorneys and advocates handle a large volume of cases.
Your lawyer will gather all your medical records from all your providers and help compile your file in a maneuverable manner so Disability Determination Services can see that you are unable to work.
What happens to the disability applicants who receive a denial of their claim for Social Security Disability benefits? If they have any hope of receiving disability benefits in the future, they must appeal the SSA's decision to deny their application for disability benefits.
If you are unable to work because of a medical condition, you may qualify for disability benefits from the Social Security Administration (SSA). The SSA oversees two different disability programs that provide monthly benefits to those who meet the criteria to be declared disabled per SSA guidelines.
To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...
You need to be able to get along with the Social Security disability advocate or lawyer you work with. This professional may be working with you for a year or more depending on how far you have to appeal your Social Security Disability case. If you are working with a lawyer or advocate who is rude or abrasive or does not respect your feelings, it will make things complicated.
If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.
A disability attorney can help you through the claim process and all communications with the Social Security Administration along the way. The application process can be time-consuming and a little confusing for some, so working with a social security lawyer can take some of the stress out of the equation.
What to Bring. When meeting with a social security lawyer, you’ll want to be concise and have all of the relevant information for them to properly discuss your case with you. You should write down all of the information below to bring with you to your first meeting: Education, work, and training history from the past 10 years.
As mentioned above, the initial consultation with a social security lawyer is not only about them learning about your situation and deciding whether they want to work on your case. It is also your chance to get a feel for whether or not you want to work with them.
A disability attorney will ask you to sign a medical privacy release so that they are able to access your medical records to use in your case. Some attorneys may pay for the upfront costs of obtaining these records until your case is over. You’ll be billed for these costs at the end of your case.
If you haven’t seen a doctor regularly, you haven’t worked recently enough, or you’re already receiving unemployment benefits, they might choose to not represent you.
With the information listed above, you can go into your meeting with confidence and leave with the answers you need to move forward. A social security lawyer is more likely to take your case if you come in prepared.
Other times, you will be responsible for covering the costs. It’s also important to know that social security lawyers do not require any payment upfront for their services. They get paid when your case is won (known by attorneys as a contingency case).
However, it's important to remember that a lawyer's attempts to expedite a case are often unsuccessful, and that most claimants, including those represented by legal counsel, must wait many months or even years for their case to be resolved.
When you think you won't be able to work for a long time, have a free consultation with a disability lawyer. If you're thinking about hiring a disability attorney to help with your Social Security case, you should first understand the costs and benefits of having a lawyer on your side.
The benefits of hiring a disability lawyer are many, and worth going over in some detail. It's also important to consider at what stage of the process an attorney should get involved.
You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.
All Social Security disability lawyers charge fees on a contingency basis, where you only pay if you win.
Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases. (For more information, read our article about finding a lawyer for an overpayment problem .)
There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.
However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.
Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.
If you're applying for Social Security disability or SSI, hiring a lawyer will give you the best chance of winning your claim. Don't be scared of the hefty up-front fees charged by some lawyers —Social Security attorneys only charge you a fee if you win your case. If you don't win, there's little or nothing to pay.
No matter what Social Security Disability lawyer you hire, they will need your participation and cooperation to win your claim. The more you can do to help your claim, the better. Ask at your initial meeting what you can do to help increase the chances that you will win. The attorney might suggest gathering certain documents, getting regular medical treatment, and following the medical advice of your physician. Be willing to follow the suggestions of your attorney.
SSD claims are highly technical and require: A comprehensive investigation of your medical records. Familiarity with Social Security laws and regulations. Experience giving testimony to an administrative law judge (ALJ) The capability to cross-examine medical and vocational witnesses.
The standard contingency fee for SSD cases is 25 percent of the past-due SSD benefits. However, SSA caps the attorney fee at $6,000.
Schedule your Social Security Disability consultation today. Call Joyce & Bary Law at (540) 613-5090 & (866) 257-0909. You can also use our convenient online contact form.
Most SSD claims take more than a year to resolve, and some claims drag on for almost a decade. During that time, you’ll need to place a lot of trust in your SSD attorney. Here are 10 questions you should discuss with your Social Security Disability ...
You would expect that your Social Security Disability lawyer and judges understand common conditions like degenerative disc disease or severe depression, as well as the limitations that these conditions place upon clients.
If you are facing a serious injury or illness that is keeping you from performing the duties of your employment, this may be one of the most stressful times of your life. You are not only dealing with pain and medical appointments, treatments, and tests, but you may also be worried about how you will pay your bills.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.
First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)