what questions are asked by a disability lawyer over phone intake

by Kaylah Anderson 4 min read

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.

Full Answer

What are the questions asked in a disability application?

 · One of the most common questions for SSD lawyers is: How much will you charge to handle my case? Disability claims are handled on a contingency fee basis, which means the attorney is only paid if you are awarded benefits. The Social Security Administration (SSA), which administers the SSD program, establishes the fees disability lawyers may collect. So, …

How do I answer an ALJ's question about my disability?

Disability lawyer top questions to ask Recently on our disability forum a user asked, I have applied for Social Security Disability Insurance and I have been denied. I think I need a disability lawyer. I have heard some horror stories about how some disability lawyers won t call you back and they come to the hearings unprepared.

How do I prepare for a phone interview for disability?

 · You might ask some of the first questions I listed above, such as: “Is the lawyer experienced with disability claims?” “Do they currently have cases assigned to them that are specifically my claim type?”

Will my Social Security disability lawyer Make Me prepare for my hearing?

12 best questions to ask a disability lawyer

It is important to understand whether or not the individual you hire has experience working with your type of claim. It can definitely be a hindrance to your case if the lawyer you hire doesn’t have the knowledge and has to do the homework before they even get started.

Next Steps

Understanding who you are hiring and what that fully entails are key factors you need to evaluate when deciding how to move forward with your claim. These 12 questions to ask a disability lawyer are important; however, they are just a suggested list.

Can a non-attorney advocate represent a claimant in a disability hearing?

Although Social Security allows non-attorney advocates to represent claimants in disability hearings , there are many benefits to insisting that your representative is a licensed attorney. In particular, lawyers are more likely to be familiar with relevant Social Security regulations and case law, and unlike non-attorneys, ...

What is a disability attorney?

Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

Why hire a disability lawyer?

Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...

Can the fee change if a case is denied?

The fee may change if your case is denied at the hearing level and proceeds to the Appeals Council. Be sure that your attorney explains the fee structure both at the Appeals Council and in federal court.

Do I Have a Substantial Claim?

In your initial consultation, your lawyer should give a full assessment of your case. In some cases, an attorney will see clearly that you don’t have a solid case and most likely will not be awarded benefits but will neglect to tell you so that they can collect a fee.

Do You Have Specialized Training in Disability Law?

Disability law is a highly specialized field, and a general practitioner attorney will not be as knowledgeable or familiar with the ins and outs of the SSA when handling your case as a disability attorney would.

What are Your Success Rates in Handling a Social Security Disability Appeal?

It’s important to know your disability attorney’s credentials, from their educational background, license to practice law, and experience. When asking about experience, it’s important to get a good idea of success rates, especially if you’re hoping that they will handle your Social Security disability appeal and overturn your rejection.

Will You Be Handling My Case?

It’s not uncommon for a lawyer to pass off their work to another staff member. All of your questioning about your disability lawyer’s qualification and competence are irrelevant if they are passing off the brunt of your case work to a member of their staff who doesn’t meet all of those qualifications.

What Do I Need to Do?

Get a clear idea of what your disability attorney needs from you. Whether they are building your case from the ground up or taking over for your Social Security disability appeal, there could very well be information or documents that are needed in order to best represent your case.

What is Your Fee?

You’re in a vulnerable position. It’s crucial that you have a solid understanding of the financial agreement that you’re making before you commit to a disability lawyer. Disability lawyers work on a contingency fee; if you win, the usual agreement is that their fee is a certain percentage of your back pay benefits (i.e.

Looking for a Disability Attorney in Springfield, MO?

Choose RGG Law. We specialize in disability law. We are members of NOSSCR; we are knowledgeable and experienced. Give yourself the best chance; make sure that a qualified disability attorney is handling your claim. Call RGG Law and schedule your free consultation with one of our disability lawyers.

Know What Questions to Expect

You may be more comfortable if you know what kinds of questions to expect during the hearing. The administrative law judge will likely ask you for your name, Social Security number, age, mailing address, height and weight. After that, you should be prepared to answer questions such as:

Work With a Lawyer Who Will Thoroughly Prepare You for Your Hearing

Our board certified Social Security disability lawyers will not let you go to your hearing unprepared. We will use our experience to anticipate what the administrative law judge wants to know and to help you anticipate the questions that will be asked of you so that you can prepare your answers.

Do I need marriage information for Social Security?

While most of this is required for Social Security Disability (possible dependent benefits), the marriage information can be used to see if there may be Social Security entitlement for SSI beneficiaries who are not insured for SSD (spouse/divorced spouse). When you file for SSI, all potential ...

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

Can you answer an ALJ question at a disability hearing?

The prospect of answering an administrative law judge's (ALJ) questions at a disability hearing can be daunting, no matter how well prepared you are. However, there are some important guidelines you should follow that will make the process go more smoothly and increase the chance that you will be successful with your claim for Social Security ...

Can a disability lawyer help you win a hearing?

Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. Here are some other ways that having a disability lawyer can help you win your hearing.

Is hearing a nerve wracking experience?

For most claimants, the hearing process is a nerve-wracking experience. If, like many of us, you are prone to ramble on when under pressure, it's important that you be especially prepared to provide succinct answers to the ALJ's questions.

What are some bad facts about medical records?

Medical records sometimes contain "bad" facts. "Bad" facts can hurt your case if they are not handled properly. For example, one common problem with people who suffer from chronic pain is over-reliance on pain medication. In these cases, medical records may state that the claimant suffers from narcotic dependency or is suspected of abusing pain medication. Here, the worst thing a claimant can do is to deny the problem or try to blame the medical provider. The best answer is the truthful one—for example, that there was a problem with pain medication and you are receiving (or plan to get) treatment for the dependency, or that you switched or reduced medications to minimize the possibility of addiction. (For more information on how prescription drug use can affect your claim, see our article on whether you can get disability if you are suspected of drug overuse .)

How to answer an ALJ's question?

Be Honest and Don't Exaggerate. The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.

What happens if an ALJ doesn't believe you?

If the ALJ believes you are exaggerating your symptoms, you will lose credibility with the ALJ, and if an ALJ doesn't believe you, you will likely lose your claim for disability benefits. For example, if the ALJ asks you to rate your pain on a scale of one to ten on an average day, it would be unwise to answer that your daily pain is at a ten.

What can a disability advocate do?

A disability advocate can provide you with pre-hearing preparation, which will help you avoid answering the judge's questions in a way that may hurt your case and can allay any fears you may have . Additionally and, perhaps, more importantly, a disability representative can answer many of the judge's questions that arise at a disability hearing. ...

What Happens During a Disability Claim Interview?

The important thing to remember about the interview is that it is basically a fact-finding process, and no decision regarding your claim is made at this time.

How to Prepare for the Interview

You can help your initial interview go smoothly by being prepared with the names, addresses, and phone numbers of all places (including doctor's offices, hospitals, or emergency rooms) at which you have received medical care for your disability within the past twelve months.

Phone Interviews

For many claimants, particularly those with transportation problems, or for whom getting to the Social Security office involves a long trip, a phone interview may be the best option. What happens when your interview is conducted via a phone interview? A Social Security claims rep will call you at a specific time on a specific date.

What to do when asking lawyer interview questions?

The best thing you can do when asking your lawyer-client interview questions during your initial consultation is just listen. This is the time when the client should be doing most of the talking. Follow client communication best practices and try to avoid cutting them off or filling in pauses.

Is it bad to not show up for an interview?

Especially if you’ve taken the time to thoroughly prepare for the interview, there’s nothing worse than a no-show. While some no-shows are unavoidable, often a simple confirmation email and a reminder can ensure your potential client makes the meeting.

How to conduct a conflict check?

Conduct a thoughtful pre-screen and conflict check 1 Pre-screen: Before you book the interview, have a set pre-screening process. Ask for basic information (for example, via an intake questionnaire) to help you decide if the client may (or may not) be a fit for your firm. You can make this process simpler for the client by using an online intake forms tool, like Clio Grow. 2 Conflict check: You’ll also want to do a conflict check before proceeding to ensure there are no conflicts of interest or other reasons that will prevent you from working with someone. Here again, an online intake tool can make this easier for you and the client. Clio Grow, for example, can be part of a robust conflict check process.

How to make a client feel comfortable?

You may deal with the law every day, but pursuing a legal issue can be stressful, draining, and even scary for potential clients. With this in mind, do your best to be emotionally sensitive and make them feel as at ease as possible.

Why is client interview important?

The client interview is part of your overall client intake process, so it’s important to track it for efficiency and ensure that no potential clients get missed. If you’re using online client intake software, you can easily track and see a potential client’s status in stages (for example, “needs a follow up”).