what to ask my disability lawyer

The Most Important Questions To Ask Your Social Security Disability Lawyer

• 1: How Many Years Of Experience Do You Have Working With Social Security Disability Clients? You should only work with a...
• 2: How Do You Manage Your Social Security Disability Cases? Did you know that SSDI lawyers manage their cases...
• 3: Can I Qualify For Additional Benefits?

Full Answer

When can I talk to my lawyer about my disability case?

 · It is always very helpful to hear what people who were going through similar situations to yours have to say about their experience. If you are in need of a disability attorney or have questions about your claim or denial, give us a call at 985-240-9773 or use our contact form. If you're preparing to apply for Social Security disability or ...

How can a disability lawyer Help you Win Your Case?

What does a Social Security disability lawyer do?

How do I get tested for Social Security disability?

 · 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. Asking directly, and making a list, will ensure that you’re providing all of the tools and …

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 ...

How much does a disability attorney charge?

What is your fee? Disability attorneys generally require little or no money up-front, and instead charge 25% of their clients' disability back benefits, with a cap of $6,000. 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.

Can a disability lawyer be offended?

Rest assured that an experienced disability lawyer won't be offended or annoyed to answer any questions you have. On the contrary, most attorneys will be pleased that you care enough about your case to make sure you're hiring the right person.

Can an attorney draft an OTR?

Will you consider drafting an on-the-record (OTR) request? In cases whether there is overwhelming evidence of disability, an attorney may draft an OTR request to ask the judge to approve you without a hearing. While this can be time-consuming and certainly isn't appropriate in all cases, your attorney should be willing to consider submitting an OTR request if he or she thinks it could be successful.

What expenses do you need to reimburse for a disability case?

What case-related expenses will I need to reimburse, and will I be charged for them win or lose? Virtually all disability attorneys require you to reimburse them for expenses related to your case, including the cost of medical records requests, medical source statements, postage, and sometimes travel expenses. Make sure you're clear on what expenses are included, the average amount clients usually pay, and whether you'll be charged even if you lose your case.

Do you have specialized training in disability law?

Do you have specialized training in disability law? The field of disability law is highly specialized, and you should avoid hiring a general practitioner attorney to handle your case . 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 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.

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, ...

How much does an SSD lawyer get?

The SSA set these fees at 25% of your SSD backpay award or $6,000, whichever is less. For example, if an administrative law judge awards you $25,000 in back pay, the SSD lawyer would only be entitled to $6,000. That’s because 25% of your $25,000 disability back pay award is $6,250, and SSA regulations cap fees at $6,000. If, however, you were awarded $10,000 in disability back pay, the disability lawyer would collect $2,500 because it is less than $6,000.

Can a disability attorney handle a case?

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. If having a single attorney work with you throughout the entire process is important, make sure to ask whether the attorney she will be handling your case or if she will pass it on to a junior associate.

Can a disability attorney charge for travel expenses?

There are two caveats to this fee structure. Although the disability attorney’s fees are capped, he can still charge you for expenses. These may include costs associated with obtaining medical records, travel expenses, the cost of consultative exams, or postage. The second caveat is that the fee structure may change if you submit an appeal to the Appeals Council or Federal District Court.

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.

3 Questions to Ask a Disability Attorney

When you’re looking for a disability attorney, it’s important to do your research. Most initial disability claims are denied at the first two levels of the process, which means that the disability lawyer you hire is likely going to be standing in front of an Administrative Law Judge (ALJ) to plead your case.

Do You Have Specialized Training in Disability Law?

Disability law is a specialized field. You don’t want just anyone standing up in front of an ALJ. Ideally, you want to work with someone who has decades of experience in the field. Consider who you’re working with carefully.

How Often Will You Be in Touch During the Process?

Social Security Disability cases often take years from beginning to end. You can read more about the process here, but the short version is that you spend a lot of time waiting for the Social Security Administration (SSA) to make decisions and present you with hearing dates.

Disability Associates Answers to Questions for a Disability Attorney

Tracey Pate has over 25 years’ experience in Disability Law, representing thousands of clients. In creating her firm, she did so with the belief that everyone should have access to a quality disability lawyer.

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.

What to Ask a Prospective Attorney

To get the financial compensation you need to stay financially stable while you recover from your disability, you need a qualified legal representative on your side.

Contact Us

If you are unable to work, each day that you delay speaking with an attorney and pursuing your long-term disability claim is another day that you will have to wait to receive benefits. Contact the Indiana long-term disability lawyers of the Hankey Law Office, by calling (800) 520-3633.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How to answer an attorney's questions?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share. If you are not sure why the attorney needs to know certain information, you should ask your attorney to explain why the answer is important to your case.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Who will request medical records for Social Security?

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 Administration (SSA) at the appropriate time before your hearing.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)