what to look for when hiring a lawyer for disability

by Prof. Okey Homenick DDS 8 min read

What should a person look for when hiring a Social Security Disability Lawyer?

  1. Knowledge and Experience. You’ll want to put yourself in experienced hands. The more experience, the better. ...
  2. Look for Free Initial Consults. Most Social Security Disability attorneys only get paid when you win your case. ...
  3. Find the Right Fit. Make sure you feel comfortable talking to the lawyer. If you and your lawyer relate well, you will have a more productive hearing.
  4. Prepare for a Long Case. Before hiring any lawyer, I recommend requesting a free consultation to make sure he or she is someone you can trust.

Why should I hire a disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, arrange for witnesses, and more. Need a lawyer? Start here.

What are the most common questions we get about disability lawyers?

On this page we've compiled a list of the most common questions we get about disability lawyers: how disability lawyers work, how and when they can charge you, and what they do to help you win your claim. Disability attorneys and advocates get paid only if you win, so they do what they can to give you the best chance of success.

Do I need a lawyer for a Social Security disability hearing?

While you are not required to have representation at a Social Security Disability hearing, your chances of winning improve if you do. How Much Will a Social Security Disability Lawyer or Advocate Charge in Attorney Fees? Disability lawyers do not charge up front fees or require a retainer to work on a Social Security disability case.

How does a disability attorney get a case?

When a disability attorney gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The attorney will then work with the applicant to get the necessary records and submit them on time to the SSA.

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How long does it take to get a disability case in Alabama?

In Alabama, the wait time for a hearing before an Administrative Law Judge (ALJ) ranges from 12 to 18 months from the date of the appeal. During this time Social Security disability claimants have enough to worry about, including health issues, family issues and financial woes, so you shouldn’t be worrying about your choice of an attorney. Finding the right lawyer to help you navigate the system and represent your best interests can give you peace of mind.

Do disability attorneys get paid?

Most Social Security Disability attorneys only get paid when you win your case. Therefore, most are more than willing to meet with you for a half-hour to an hour to judge how successful your case might be. After that, they may take the case on “contingency,” which means that they get paid out of the case’s earnings so you do not need to pay them directly.

What is a good VA disability lawyer?

A good VA disability lawyer will be accredited by the Department of Veterans Affairs, specialize in the field of veteran disability claims, and have the professionalism it takes to communicate effectively.

What is the skill of a lawyer?

You may not be a legal professional, but it is important that your lawyer explain everything to you in a way that is easy to understand. The true measure of a person’s expertise is their ability to explain complicated concepts simply.

What to do if you receive a letter of denial from the Department of Veterans Affairs?

If you receive a letter of denial from the Department of Veterans Affairs, know that you still have the option to appeal. To prepare for this outcome, you must ask your attorney whether they have the ability to represent you before the court of appeals for veterans or the CAVC, where you will have to file your appeal.

What to expect after a first consultation?

After your first consultation, you will get a full assessment of your case from our team. Your lawyer must explain to you the strengths and weaknesses of your claim and help you identify whether you are eligible for disability as a veteran.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

Can I hire an attorney for disability?

Disability applicants who hire an attorney or advocate to handle their Social Security disability (SSDI) or Supplemental Security Income (SSI) disability claim are more likely to be approved than those who don't. The reasons for this are many, and knowing them may help you decide if hiring a legal representative is the right choice for you.

Articles

The best strategy for winning a Social Security or SSI case is hiring a lawyer to assist with your claim. Attorneys have experience and knowledge of the process and that is critical to winning these often times complicated...

Resources

Written by a former SSA medical consultant, Nolo's Guide to Social Security Disability is the essential book for learning about the disability process, and can be helpful whether you hire or lawyer or not.

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