Some may wonder if a lawyer is needed in order to file a disability claim. Though you are not required by law to hire an attorney when filing for disability, retaining a lawyer to manage your claim properly may be in your best interest. Despite the fact that the system was created as a clear-cut avenue to income and medical care access for disabled workers, getting approved is not always an easy process. Your disability lawyer will help you during the process of filing your application, the process of getting approval, and help to ensure that you are able to surpass any challenges that happen along the way.
Should I Hire An Attorney Prior to Applying for Disability?
Hiring a lawyer before you file your claim for disability is definitely to your advantage. Those applying for disability are able to hire lawyers anytime throughout the process. Yet, the sooner you retain legal guidance, the more streamlined the contents of your application will be. Retaining legal assistance early during the claims process helps to ensure that your lawyer will have ample time to gather a plethora of evidence as well as the medical history needed in order to support your claim successfully. If you have filed a claim for disability benefits already, it may still be beneficial for you to work alongside a disability lawyer.
Information provided by the Social Security Administration shows that claimants possess the legal right to hire a lawyer while transacting with them. Having the help of a skilled and experienced disability lawyer may greatly increase the odds of an application being successfully submitted and approved by the SSA. Claimants with lawyers are more apt to incorporate the documentation needed to enable a precise claims review. Attorneys may also assist claimants in avoiding errors that are commonplace on applications concerning Social Security disability. Also, a lawyer may help with the process of appealing your claim if the SSA denies it. Your attorney can lend a hand when you work on submitting a reconsideration request, and help you to inquire about an administrative law judge (ALJ) hearing, and, your lawyer will also represent you at that hearing.
Claimants may be concerned about the additional expenses of hiring an attorney to file for disability. Yet, SSDI attorneys do not require payment until the SSA approves your claim. Even still, the fees charged by disability attorneys are controlled. Once Social Security approves the claim, they will deduct a portion of your back pay in order to cover the cost of your legal fees as the SSA and federal law permit.
Beneficial Aspects of Retaining a Disability Lawyer
Working with a disability lawyer offers several advantages over filing by yourself. An attorney can help ensure the process of filing your application happens as planned. If the SSA denies your claim, an attorney will help you identify why the denial happened and how to keep it from happening again.
A disability attorney can also help you prepare and gather all documentation needed to help prove that you have a condition that qualifies you for disability benefits. Your lawyer will also go over your primary application to find any missing elements, inconsistencies, or errors that may compromise or delay your claim.
If you have previously attempted to file for SSDI on your own already, and your claim was denied, you are still able to hire a lawyer who can help you with the process of filing an appeal.
Should I Hire a Disability Attorney for My ALJ Hearing?
Your Administrative Law Judge hearing is an additional instance that demonstrates how a lawyer can provide assistance with your claim. You are not required to have a lawyer with you at your hearing but you are authorized to be represented by a disability advocate, or, you can go it alone. Disability advocates often charge similar rates when compared with SSDI lawyers; however, they do not have a degree in law. If you choose to represent yourself, you may deprive yourself of the chance to competently question the vocational expert(s) and other witnesses with vital statements that may uphold the success of your claim.
How Does a Disability Attorney Get Paid?
Disability attorneys work on contingency. They are only paid once the SSA approves your claim. Your lawyer will subtract a fraction of your back pay derived from an agreement authorized by the SSA. If your claim is approved by the SSA, Social Security will provide the attorney with payment out of your back pay.
Under federal law, your lawyer’s fee is limited. Advocates and attorneys are only able to charge up to $6k or ¼ of your back pay, whichever number is lower. Sometimes, lawyers may submit fee petitions to the SSA requesting more than is allowed by the federal cap. This may occur under circumstances where clients require extra work or change representation in the midst of the claims process, under which circumstance both lawyers would require payment. Nevertheless, these additional fees would need to be approved by the SSA.
Lawyers can charge for varied up-front expenses, including the price of the preparation of medical reports. Changes like these do not need to be approved by the SSA. If the SSA denies the claim and does not award any back pay, lawyers can seek out payment by the process of fee-petitioning. Nevertheless, they will not be able to gather attorney fees if they have signed an agreement concerning contingency fees.
Increasing your Chances of Approval with a Disability Attorney
The chances of approval may drastically increase when you work with a skilled disability attorney. You may be under the impression that you already qualify for SSDI benefits, however, getting approval often comes with challenges that are best dealt with by a lawyer. Roughly 72% of all disability claims will initially be denied, and, at the reconsideration level, denials are near 90%. Your claim will most likely not be won until it is taken in front of an Administrative Law Judge.
The US Government Accountability Office affirms that individuals who hire lawyers at the ALJ level have a much better chance (about three times more likely) to walk away with approval than applicants who choose to proceed without legal representation.
Overall, hiring a disability lawyer at any point during the claims process, ideally early on, can greatly increase your chances of having your application approved.
