what questions to ask when hiring a disability lawyer

9 Common Questions You Should Ask Before Hiring a Disability Lawyer

1. Do You Have Experience With Similar Cases? If a potential attorney has experience handling SSDI cases only for those...
2. What Is Your Fee? Most disability attorneys work on a contingency basis and do not require any money upfront.
3. Are You Trained in Disability Law? Because the disability process...

Full Answer

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

6 Questions To Ask Before You Hire A LawyerWhat's Your Experience? ... What Percentage Of Your Practice Is Dedicated To This Area Of Law? ... What Will This Cost? ... Can You Charge Me A Flat-Rate Fee? ... Where's My Contract? ... Can I Avoid Going To Court?

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 questions should you ask your attorney?

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...•

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 does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

What should I say in a disability interview?

Prepare for Your Disability Interview with These 6 QuestionsDates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income. ... A Number of Assets You Own. ... Written Statements.

Does SSDI give back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

How long does a disability interview take?

A Social Security representative will interview you and complete an application for disability benefits and an Adult Disability Report. The interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour.

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...•

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

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.

Questions about fees and costs

Always ask a Social Security lawyer questions about money. Even though there’s not a lot of variation - because Social Security lawyers fees are set by law - your lawyer should still be ready to explain how the fee structure works.

Questions about who will do the work

Social Security, more than other areas of law, is often performed by large organizations that could be headquartered in New York or Chicago as much Montgomery or Huntsville. Many Social Security claimants - especially the dissatisfied ones - never talk to their lawyer except perhaps on the day of the day of the hearing.

Questions about what to expect

Security cases can take a long time if your case requires multiple appeals. Ask your lawyer “ how long does it take ” to go through the process and when you can expect a decision - when you can expect to receive benefit payments. Social

Do I feel comfortable with this person?

The most important question to ask when hiring a Social Security lawyer is one you need to ask of yourself. Do you feel comfortable with this person handling your case?

Learn more about Disability Alabama

Use Disability Alabama’s disability calculator for an estimate of your benefit. While you do not need any special information to complete the calculation you may want to take a moment to think about your average yearly income and current household income before using the disability calculator;

1. Do You Have Experience With Similar Cases?

If a potential attorney has experience handling SSDI cases only for those with cardiovascular diseases, and you have a neurological disorder, you may want to find a different attorney.

2. What Is Your Fee?

Most disability attorneys work on a contingency basis and do not require any money upfront. Instead, they charge a certain percentage of your back benefits. This amount is capped by the federal government, though, at $6,000.

3. Are You Trained in Disability Law?

Because the disability process and system are so complex, you will want to avoid a general practice attorney and choose one who specializes in disability law. Look for someone who is a member of the National Organization of Social Security Claimants’ Representatives (NOSSCR).

4. What Expenses Am I Responsible For?

It is likely you will have to pay for case-related expenses, such as medical record requests, examinations by medical specialists, expert witnesses, postage, and other expenses. Ask any potential attorney if you are responsible for these expenses and if you have to pay them upfront or if they are reimbursable.

5. Who Is Responsible for My Case?

Ask any disability lawyer that you are considering if they will be personally handling your case or if it will be handed off to another person within the firm. If so, be sure you will have the opportunity to meet with that person and know about their skills and experience.

6. What Is Your Success Record?

Ask potential attorneys what their success record is. How many cases have been successful? How many have been approved on the initial application, how many have been approved after a denial, and how many have they taken to a hearing in front of a judge?

7. What Resources Do You Have Available to Build My Case?

Make sure the attorney that you hire has a network of resources to build your case. From dealing with insurance companies to handling your disability claim, you’ll want a lawyer who has access to medical experts and other resources to help prove that your disability prevents you from working.

Can I meet an SSDI lawyer in person?

If you have decided to hire an SSDI lawyer outside your state – then you will probably not be able to meet him in person. Even if you see each other – chances are it will only be once before the court hearing. Therefore, it is still recommended for all those who want to be sure of the reliability of their representative – to find a lawyer somewhere closer to their place of residence.

Should I see my lawyer before going to court?

This technical issue can sometimes create a great deal of confusion in the relationship between a lawyer and a client. It is certainly much better to meet and see your lawyer before going to court. However, it happens that your lawyer does not have an office that is close to where you live. However, regardless of the circumstances, transportation, etc. – it is recommended that you meet at least once before the hearing – to exchange information and to be familiar with the legal strategy that your lawyer will apply.

Are you a specialist in disability law?

While any lawyer can represent you for a disability claim, it is a good idea to hire one who has experience and credentials in disability law.

What are your fees?

You need to ask potential lawyers about their fees. The good news is most disability insurance lawyers get paid on a contingency basis, meaning they only receive a payment if your case is won.

How many hearings do you average in a week?

By asking prospective lawyers how many hearings they average each week, you can get a good idea of how experienced and busy they are.

Can we meet before the court date?

Asking a potential lawyer whether he or she can meet you prior to your court date is a good way of finding out how much the lawyer cares about you and your case.

What is your success rate?

If you want to test how ethical a potential lawyer is, ask what his or her success rate is.

What happens if you are denied a disability?

If your disability application is denied, there are four levels of appeal: reconsideration, administrative hearing, appeals council, and Federal District Court. Some disability attorneys handle appeals at every level; others will not. While you can certainly have different attorneys handle your case at each level, if you want continuity, ...

What is an administrative hearing?

Administrative hearings allow you to explain to the judge more about your disability and its impact on your ability to work. Not only will you have an opportunity to provide testimony, but the judge and the SSA attorney can ask you questions as well.

Do you have to meet with your attorney before a trial?

Although these hearings are less formal than traditional trials – there is no jury and usually, no witnesses other than the claimant testifies – they are still extremely important. Before the hearing date, your attorney should meet with you at least once, if not more, to prepare for the hearing.

Can you meet with a disability attorney?

Sometimes the disability attorney you meet with during the initial consultation isn’t the attorney who will ultimately handle your case. Although this is a common practice, it can be unsettling for some people, particularly if you hired an attorney based on how comfortable you felt with them during the initial consultation.