what kind of lawyer handles disability cases

How to find a good disability lawyer?

 · Hiring a Social Security disability lawyer or nonattorney advocate to handle your disability case is almost always a better idea than trying to navigate a complex system alone. SSDI lawyers and advocates perform a wide variety of tasks as part of their representation, including: representing you at your hearing.

What is the best disability attorney?

ADA Lawyers. The Americans with Disabilities Act (ADA) is an important piece of civil rights legislation that became law in 1990. It prohibits discrimination against people with disabilities in workplaces, schools, transportation, and essentially in all areas of public and private life. It also guarantees that people with disabilities will have equal opportunity in public accommodations, …

Why would a disability lawyer not take a case?

If you're starting a new Social Security or SSI disability claim, or you've been denied and want an attorney to handle your hearing, you may have some questions about Social Security disability representation. On this page we've compiled a list of the most common questions we get about disability lawyers: how disability lawyers work, how and when they can charge you, and what …

Can a disability lawyer guarantee winning your case?

 · The Employment Law Group® law firm has a track record of representing employees who have faced bias because of their disabilities. Our firm successfully argued before the U.S. Court of Appeals for the Fourth Circuit that the ADA forbids discrimination against employees with short-term injuries that are “sufficiently severe” to limit a major life activity.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What do disability lawyers know?

Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that.

What happens if you hire a disability lawyer?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who will represent you at a disability hearing?

Aside from preparing you, social security disability attorneys will also represent you during the hearing.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

Why is hiring a lawyer important?

One major advantage of hiring legal professionals is they know how to best present your case to the SSA.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

What is disabled person?

A disabled person is someone with a mental or physical impairment that "substantially limits one or more major life activity.".

What are the rights of people with disabilities?

It also guarantees that people with disabilities will have equal opportunity in public accommodations, their place of employment, state and local government services, transportation, and telecommunications.

What is the ADA?

ADA Lawyers. The Americans with Disabilities Act (ADA) is an important piece of civil rights legislation that became law in 1990. It prohibits discrimination against people with disabilities in workplaces, schools, transportation, and essentially in all areas of public and private life.

How many titles are there in the ADA?

The ADA is divided into five titles as follows:

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, arrange for witnesses, and more.

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. Here's why it makes sense to hire a disability lawyer for your disability claim for mental illness.

Does hiring a disability lawyer make a difference?

Our survey showed that hiring a disability lawyer makes a big difference in the outcome of SSDI and SSI claims.

Can a disability lawyer charge more than $6,000?

In come cases your disability lawyer can submit a fee petition to Social Security, asking to charge you more than the $6,000 cap on fees for disability claims. Why It's Smart to Have a Lawyer at a Disability Hearing. The Social Security Act and its corresponding regulations are a complex area of law, so it's always advisable to hire a lawyer ...

Do disability lawyers charge fees?

Disability lawyers do not charge up front fees or require a retainer to work on a Social Security disability case. Most disability attorneys will be paid a fee only if they win the case (this is called a contingency fee.)

Do you have to have representation at a disability hearing?

While you are not required to have representation at a Social Security Disability hearing, your chances of winning improve if you do.

Do disability advocates get paid?

Disability attorneys and advocates get paid only if you win, so they do what they can to give you the best chance of success.

What is ADA reasonable accommodations?

Reasonable accommodations might include: Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; Restructuring jobs;

What is Employment Law Group?

The Employment Law Group ® law firm has a track record of representing employees who have faced bias because of their disabilities. Our firm successfully argued before the U.S. Court of Appeals for the Fourth Circuit that the ADA forbids discrimination against employees with short-term injuries that are “sufficiently severe” to limit a major life activity. Our attorneys are based in Washington, D.C., but we take cases nationwide.

What is the ADAAA?

In particular, the ADAAA: Expanded the phrase “major life activity” to include major bodily functions such as functions of the nervous, urinary and circulatory systems;

What are the damages for ADA violations?

If you have suffered illegal discrimination under the ADA, you may be entitled recover back pay, compensatory damages, and attorney fees. In addition, punitive damages are available if an employee can show that the employer engaged in a discriminatory practice with malice or reckless indifference to the employee’s federally protected rights.

Is episodic impairment an ADA disability?

Clarified that an impairment that is episodic or in remission is an ADA disability if it limits a major life activity when the impairment is active.

Is the ADAAA protected?

Until the ADAAA passed, chances are that you would not have been deemed protected. Under the ADAAA, however, the ADA embraces injuries from which you’ll recover — but that are serious enough to “substantially limit” one or more major life activities. I could perform much better if my boss were a bit more flexible.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What to do if you have been victim of disability discrimination?

If you have been the victim of disability discrimination, consult with a Disability Discrimination Attorney today. A Disability Discrimination Attorney will help protect your rights and obtain the best possible outcome for you.

What to do if you are discriminated against?

If you have been discriminated against because of a disability, retain a Disability Discrimination Attorney to help you with your case. Disability discrimination usually takes place when you are subjected to different or unequal treatment.

What to do if you have an attorney on disability?

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help you with your overpayment. The attorney will already be familiar with you and your disability case, and might be more willing to help you than an attorney who did not have a relationship with you.

How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

Can an attorney help with an overpayment?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a wai ver request, or negotiating a repayment plan. But even if you can afford to pay a retainer fee, it might not make financial sense for you to hire an attorney if the overpayment is small compared to the retainer. Using the example above, ...

Where do attorneys hold their retainers?

Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...

Do disability attorneys overpay Social Security?

Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases.

Can a disability attorney help you with a Social Security overpayment?

Some disability attorneys may be willing to help you appeal a Social Security overpayment or get an overpayment waiver or repayment plan.

How to interview a disability client?

When a potential disability client contacts a Social Security disability law firm, a paralegal or assistant will usually do an "intake" interview with you, often by phone. The assistant will ask you questions about your age, your medical condition, how often you see your doctors, whether you've been hospitalized for your condition, and whether you are working. The law firm will then decide whether it's in their financial interest to take your case. Established law firms (as opposed to young solo lawyers just starting out) generally only take cases on which they have a solid chance of making an ample fee.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

Can a lawyer take a client with substance abuse?

Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

Can I file for disability if I haven't worked for years?

More disability claims are denied for financial or work credit eligibility reasons than for medical reasons. For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can you get disability if you have medical records?

Along those same lines, having medical records that list numerous medical conditions doesn't make you a shoe-in for disability benefits. (Similarly, unless you're taking medications reserved for the most serious medical conditions, listing lots of different medications that you take isn't going to convince Social Security that you're disabled—they see it all the time.)