17 Sep When To Talk To A Social Security Disability Lawyer
If you’re thinking about hiring a disability attorney to help with your Social Security case, you should! First, you need to understand the costs and benefits of having a lawyer on your side. The costs are fairly straightforward. Disability attorneys charge a fee regulated by federal law. It is usually the lesser of 25% of your disability back pay or $6,000. Costs can increase if your case goes to the Appeals Council or federal court. That said, generally you won’t pay more than $6,000.)
The benefits of hiring a disability lawyer are many, and worth going over in some detail. It’s also important to consider at what stage of the process an attorney should get involved.
Why Hire a Disability Attorney?
The most important reason to hire an attorney is that your chances of being approved are significantly increased. From the initial application to the hearing level and beyond, disability attorneys understand how to present a case in the light most favorable to their clients. On the initial application, your lawyer can offer advice on your “alleged onset date” of disability. As well argue that your condition meets one of the listed impairments in Social Security’s “blue book”. Also help you focus on the facts that will be most persuasive to Social Security.
At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect and submit relevant medical evidence, obtain an opinion from your doctor, draft a detailed brief to the Administrative Law Judge (ALJ), and prepare you for the judge’s questions at the hearing. Your attorney will also elicit helpful testimony from you at the hearing and may cross-examine the Vocational Expert or Medical Expert to demonstrate that you’re unable to work.
At the next stages of appeal, the Appeals Council and federal court, your lawyer can craft sophisticated legal arguments to show that Social Security wrongly denied your case.
When Should I Call a Lawyer?
The general rule is “the earlier, the better”. If you’re even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.
Using an attorney to help with your initial application is a smart idea. In addition to improving your chances of success, disability attorneys can sometimes move your case more quickly through the system. Especially if your medical condition is terminal or your financial situation is especially dire. Moreover, your attorney can send the judge a request for an “on-the-record” (OTR) decision.
However, it’s important to remember that a lawyer’s attempts to expedite a case are often unsuccessful.
When To Wait
Perhaps the only time you should refrain from calling a lawyer is when you have submitted your initial application already. There is rarely much your attorney can do at this point. There’s little sense in agreeing to pay an attorney 25% of your past-due benefits until you get a denial. In virtually every other situation, the benefits of having an experienced representative on your side greatly outweigh the costs.