what questions should i ask the disability lawyer

by Jerad Kihn 9 min read

Here are five questions to ask a disability lawyer:

  1. Where are you licensed to practice law? One of the most basic (and important) questions may be to ask a disability...
  2. What can you do for my case? After you explain your situation, ask what your prospective disability lawyer may be...
  3. Does ERISA apply to my case, and how? If your disability benefits are covered...

10 Questions to Ask Your Social Security Disability Lawyer
  • How Do You Charge for Your Services? ...
  • How Often Do You Meet with Clients? ...
  • How Much Experience Do You Have with SSD Claims? ...
  • Are You Familiar with My Medical Conditions? ...
  • How Do You Handle SSD Claims? ...
  • Do You Handle Appeals Council Cases?
Mar 4, 2020

Full Answer

What kind of questions are asked at a disability hearing?

While there is no definitive list of questions that are asked at a hearing, we have put together a list of questions that claimants should be prepared to answer at their disability hearing. How long have you worked?

Do I need an attorney for my Social Security disability hearing?

If you are anxious about your disability hearing, having professional representation can help. An experienced SSDI attorney has heard the questions an ALJ might ask dozens, if not hundreds, of times and can help you adequately prepare.

How do I prepare for my SSDI hearing?

In preparing for your SSDI hearing, it is important to know what will take place and what will be expected of you as the claimant.

What happens at a disability hearing?

Even though there may be many questions asked, a disability hearing is much more like a roundtable discussion between parties instead of the court room dramas we have come to know from television. You may rest easy knowing the proceeding is closed to the public with only a few parties allowed.

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What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What is the most a disability lawyer can charge?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

What kind of questions does disability ask?

Questions You Should Expect To Be Asked During A Social Security Disability HearingWhat is your formal education?Do you have any vocational training?Are you currently working?What was your last job and what were your job responsibilities?Have you tried working since you became disabled?More items...

What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

How do I pass a disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.

How do I prepare for a disability phone interview?

Prepare for your disability interview: tips from Social SecurityDates you last worked;The names, addresses, phone numbers, and dates of visits to your doctors;The names of medications that you take and medical tests you've had; and.Marital information.

What can I expect at a disability interview?

What Happens During a Disability Claim Interview? A claims representative from the Social Security office will conduct the disability interview and will ask you a series of questions, such as where you have worked in the past 15 years and what duties you performed for each job.

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

What are good questions to ask lawyers?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

Do you have experience handling Social Security Disability Cases?

Since opening his own firm in 2010, I have focused my practice on helping Social Security Disability claimants fight for the benefits they need. We know the ins and outs of the disability appeals and applications process and how to navigate it.

What do we need to prove to get my Social Security Disability Benefits?

That you are not currently engaged in Substantial Gainful Activity (or working and earning money above a certain limit);

Who is responsible for my case and will that person meet me? Will they know about my case whenever I call?

Experienced Disability Attorney Loyd J. Bourgeois and representative Christy Crotwell will be responsible for handling all aspects of your case. It is our practice to personally meet you, the client, in advance of your hearing to discuss in detail specific aspects of your claim and keep you fully informed of what to expect.

How long does it generally take to resolve my claim?

For new applications, we generally see an average processing time of 3-9 months.

What can I expect during this process?

From the moment you contact our office, you can expect to be treated with compassion and respect throughout our entire relationship. You can expect to have your calls answered or returned promptly and have your questions or concerns addressed.

How long does it take to get a disability case resolved?

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 ...

How to win a Social Security Disability claim?

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.

What is required for SSD claim?

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.

What happens when you are facing a serious injury?

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.

What is a consultative exam?

Consultative examinations: A medical expert examines you, giving direction about your diagnoses, prognosis, and restrictions. Vocational evaluation: An expert in occupations and workplace skills, compiles a report regarding the impact your disabilities may have on your ability to work. An experienced Social Security Disability lawyer will use ...

What are the tools available to an attorney?

The tools available to your attorney include: Medical Source Statements: A MSS completed by a treating medical source will provide functional limitations resulting from your severe impairments. Expedited hearings: If you have a terminal illness or are a wounded warrior, you might be entitled to an earlier hearing date.

Can an attorney who does not understand how certain factors such as age, medical condition, and work experience impact your case answer

They simply do not have the focus and experience that other attorneys who narrow their practice have. Using an attorney who does not understand how certain factors such as age, medical condition, and work experience can impact your claim can be detrimental to your case.

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 ...

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.

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, ...

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.

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