what to ask a disability lawyer

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...

Full Answer

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What questions should you ask if you are getting disability?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?

Is it hard to get on disability?

These benefits are awarded to qualified individuals who are no longer able to work due to a disabling mental or physical condition. But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year.

What questions should I ask a lawyer about seeking help?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

What should you not say when applying for disability?

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 medical conditions qualify for disability?

Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

What is the average time to get approved for disability?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

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 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...•

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?

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.

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 ...

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 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.

Do judges make mistakes?

Sometimes judge s do make mistakes, and unless an attorney is willing to take the case to the next level, it will hurt the claimant. Some attorneys handle claims with the Appeals Council (AC), and some do not. If you prefer continuity in your case, you will want to make sure that the attorney you choose does. 7.

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 a contingency fee for disability?

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, regardless of which disability attorney ultimately you hire, ...

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.

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, ...

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.

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.