An attorney experienced in Social Security law and regulations can provide guidance and representation as you try to acquire financial benefits to compensate for injuries caused by accidents or illnesses.
Here is how a disability lawyer assists in Social Security Administration (SSA) claims and court cases and what you should ask a prospective attorney when you need legal aid:
What Does a Disability Lawyer Do?
An attorney that specializes in disability law has the training and experience necessary to guide you through the SSA process. A disability lawyer can perform the following tasks:
Help you File a Claim
People who seek Social Security benefits after accidents or illnesses may file a claim themselves. If you believe you have a clear-cut case, you don't necessarily have to seek the legal aid of an attorney. If there's any question as to whether your disability qualifies for benefits, however, a lawyer can prevent your initial claim from falling into a grey area.
Working with a disability attorney ensures your benefits paperwork presents your case in the best possible light and meets all critical deadlines. Disability Digest reports about two-thirds of all disability claims are initially rejected by the SSA. A claim prepared by an experienced attorney, however, has a 73 percent success rate.
Determine if You Have a Case
If you are rejected by the SSA on first appeal, you definitely want to arrange a consultation with a disability attorney. A lawyer can determine why you were denied Social Security benefits and what you can do next.
One of the primary benefits of working with an expert on disability law is an attorney can tell if it would be worthwhile to pursue a case. Disability lawyers work on a contingency fee; they don't make any money if you lose, so they will be very honest about your chances in court based on their legal expertise. Disability attorneys should be very upfront with their answers about what you've done wrong thus far and which details about accidents or illnesses could hurt the appeal.
Collect Evidence
When sending a claim or arguing a court appeal to the SSA, you need to present evidence of your condition and why it prevents you from working outdoors or in offices. While you may be hesitant to pay an attorney, their knowledge of effective evidence could save you money in the long run.
A disability lawyer will know which medical tests are necessary to demonstrate the full effects of accidents or illnesses to the SSA. Instead of paying for and submitting yourself to a general array of doctor exams, you can limit procedures to what the law requires from medical professionals trained in your condition. An attorney can offer similar discretion when preparing documents from your workplace or other important evidence.
Working with a lawyer can also protect you from evidence that hurts your claim or case. He or she can take you through typical questions and make sure you are not caught by surprise while providing answers to the SSA.
Time is very important for someone seeking Social Security benefits.
Prepare for Hearing
An attorney rarely works alone; he or she should have a team of paralegals preparing documents, gathering evidence and filing to meet deadlines. Not only will the constant vigilance of a full staff prevent mistakes, it could speed up the entire legal procedure.
Time can be very important for someone seeking social security benefits. If you have a fatal illness or your finances quickly dwindle, you can't let setbacks prevent you from receiving the compensation you are due. A disability lawyer should make sure you receive a fair trial in a timely manner and prevent SSA regulators from delaying hearings for unfair reasons.
Represent You in Court
When your SSA court date arrives, a disability lawyer will speak on your behalf. Not only can an attorney use their knowledge of Social Security law to present your case in the most legally sound terms possible, they will also defend your claim from the arguments that initially got it denied.
One of the major obstacles you will face in a SSA benefits hearing is a vocational expert. Nolo, a legal information resource, describes a vocational expert as a person the SSA uses to testify against your inability to work. Your lawyers must be equally well-versed in the demands of your employment to counter arguments made by the SSA.
Share Legal Knowledge
To receive Social Security disability benefits, you must either prove you have one of the officially SSA-recognized disabilities, you are unable to do your prior job or you are less than sedentary - this means accidents or illnesses have left you in a condition where the least demanding amount of work required by a job would be impossible.
A lawyer knows exactly how you can qualify for one or more of these requirements. Contacting local law offices to help you file a claim or fight an SSA decision prevents you from making an error that would hurt your argument. It's better to work with a lawyer early and prevent ruining your chance at benefits through an initial misstep.
Questions to Ask Before Hiring a Disability Lawyer
If you decide you want the help of a disability attorney, you have to be careful selecting the best lawyer for your claim. You should have proper questions prepared and find a disability attorney ready with answers.
Start your search for a disability lawyer by arranging a consultation.
Do I Have a Substantial Claim?
You should start your search for a disability lawyer by arranging a consultation. After hearing the particulars of your claim, an attorney should tell you if you have a case worth taking to court and the best way to proceed with the SSA. Beginning inquiries this way can save you a lot of time in your search for legal representation.
How Much Do I Have to Pay?
The Social Security Disability Research Center explains all disability lawyers are legally required to work on a contingency. If you win, their fee consists of 25 percent of your back pay benefits, but this cannot be more than $6,000. Some attorneys, however, may try to slip in incidental costs for medical tests or even postage expenses. You have to ask about every fee a disability attorney may require you to pay.
What Experience Do You Have?
You can start with general questions about education. Also, make sure your attorney is licensed to practice law in your jurisdiction. Most of the answers you want should pertain to the disability lawyer's experiences with claims, accidents, illnesses and work requirements similar to your own.
How Successful Are You?
Once you find an attorney with experience in your particular legal situation, you should ask about the details of past victories. Specific numbers like percentage of SSA rejections overturned are great. Hopefully a lawyer can use historical cases to prepare you for what to expect from legal timetables and possible rulings.
Who Will Handle My Case?
While you will pay for the expertise of a disability attorney, it's not uncommon for lawyers to pass some work off to staff members. You should expect this, but you want to ask about which jobs the lawyer will delegate and which will require his or her specific legal knowledge. Take a tour of the offices and meet every member of the law team you will be in contact with.
What Should I Do?
Finally, you should ask about your part in the Social Security legal proceedings. The disability lawyer should communicate what he or she expects from you. You'll undoubtedly have questions as the claim progresses and you need to establish how you should reach out for answers. Asking the right questions at the beginning helps maintain the relationship with a disability attorney going forward.