If you’ve applied for Social Security disability benefits through the Social Security Administration (SSA) and found it challenging, know that you’re not alone. The approval process can be complicated, requiring medical records, work credits, and navigating a sometimes-confusing claims process.
In this situation, hiring a Social Security disability lawyer may be your best course of action to increase your chances of receiving disability benefits.
Advantages of Hiring a Social Security Disability Lawyer
- Performing a Case Review
- Explaining the Application Process
- Assisting with the Application
- Collecting Medical Information
- Communicating with the Social Security Administration
- Navigating the Appeals Process
- Representing You at Legal Hearings
- Increasing the Likelihood of Approval
The Social Security Administration (SSA) provides two types of disability compensation, Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). SSI beneficiaries qualify based on their age, income, and disability, whereas SSDI recipients qualify based on their work credits and disability. Both programs pay Social Security benefits monthly.
Navigating the Social Security disability claim process can be challenging, whether you’re new to the process or have already been denied. You must provide medical evidence, fill out all necessary paperwork, and may be required to attend a consultative examination (CE). Despite this, you may still receive a denial.
A Social Security disability lawyer can assist you not only with an appeal but also with your initial claim.
What does a disability lawyer do?
1. Perform a Case Review
The SSA allows you to appoint a representative or attorney to help you with your case. One of the most significant benefits of doing so is that disability lawyers can review your case before you even get started with your claim.
A case review allows your lawyer to look over your information and medical evidence to give you an idea of how your case might hold up during the Social Security review. The law firm can then give guidance as to what other information you might need to help your case move through the process smoothly.
Best of all, most disability lawyers provide a free case evaluation to clients.
2. Explain the Application Process
Receiving Social Security disability pay can take a while, even after the SSA has determined that you qualify. Each step in the process can take several weeks to a few months, and it’s important for you to feel prepared.
Your lawyer can explain things such as the waiting period to start receiving SSDI benefits after approval and how SSDI back pay works. You’ll also learn about the appeals process and how the Disability Determination Service decides whether to approve or deny claims.
3. Assist with the Application
The initial application for disability benefits can be confusing on its own, and some individuals with certain medical conditions may not be able to complete the application by themselves. A Social Security disability attorney can help you fill out the application.
With the initial application, your attorney can review the information you provided to ensure clarity and completeness. They can also check your medical evidence to determine whether your medical condition is well represented, explained, and documented.
4. Collect Medical Information
Gathering the medical evidence you need to prove your disability to the DDS can be challenging, especially if you work with multiple medical professionals for your condition. Your disability lawyer can help you collect all the information you need for a complete claim and may even assist you in contacting the right people to get the necessary documents.
If the SSA contacts you about needing more information or setting up a special examination to advance your claim, your lawyer can also assist you with these tasks.
5. Assist with Communicating with the Social Security Administration
A disability law office can help you communicate with the SSA regarding your claim. They have experience with the claims process for Social Security disability cases and know the appropriate people and departments to contact for assistance.
For example, if you receive a letter stating that you need to provide additional information for your claim, your attorney can explain the letter and write back or call the SSA on your behalf to provide the necessary information.
6. Assist with the Appeals Process
If your disability claim is denied, you can file an appeal to reverse the SSA’s decision. A Social Security disability lawyer can guide you through the appeals process and suggest the best course of action to get approved for SSD benefits. Your attorney can also serve as the go-between for communication between you and the SSA regarding your appeal.
7. Represent You at Legal Hearings
If you are denied disability benefits and file an appeal, an administrative law judge will review your case to make a fair and unbiased decision. Your exhibit file, which contains any documents related to your claim, medical evidence, and work history, will be reviewed by the judge.
At these hearings, known as disability adjudication, you may be questioned about your claim and disability. However, if your attorney represents you, they can prepare and advise you before and during the hearing to help you feel more comfortable. Your lawyer may also provide additional medical evidence to help your case.
8. Increasing the Likelihood of Approval
Hiring a lawyer to help with the claims process can increase the likelihood of approval. Around 60% of disability claim applicants who hire a lawyer get approved after filing an appeal. A lawyer can provide significant assistance with the initial application, which may increase your chances of approval without the need for an appeal.
Disability Lawyer vs. Disability Advocate
When looking for assistance with your Social Security disability claim, you may come across the terms “disability lawyer” and “disability advocate.” Although these terms are often used interchangeably, there are important differences to consider.
A disability lawyer has a legal background and is qualified to assist with court cases and other legal matters related to Social Security disability. On the other hand, a disability advocate is not required to have a law degree, but they often have legal training through mentorship or education and hold a certification.
Both a disability lawyer and advocate can help you apply for disability benefits, request reconsideration, and represent you at a hearing with an administrative law judge. However, only a disability lawyer can represent you in a federal courthouse. Disability lawyers typically have more expertise in legal research and gathering medical evidence, which can be crucial in building a strong case for disability benefits.
Tips for Hiring a Disability Lawyer
If you’re considering hiring a Social Security disability lawyer to help with your disability benefits claim, these tips can help you find the best one for your situation.
Ask for recommendations
Start by asking people you know who have successfully had their disability claim approved with the help of a lawyer. If you have a couple of options, see if each one offers a free consultation, which you can use to gauge compatibility with the attorney.
Read online ratings and reviews
Online ratings, reviews, and testimonials can provide valuable insight into an attorney’s competence, service, and client satisfaction. Check reliable sources, such as ConsumerReports, Trustpilot, Consumer Affairs, and the lawyer’s website for client reviews and testimonials.
Research the BBB score
The Better Business Bureau (BBB) score provides an overall picture of a law firm’s legitimacy, complaint history, and licensing and government actions. Look through complaints and positive reviews and the law firm’s responses to get an idea of how the firm handles its clients.
Look at the firm’s success rates
Many law firms post success rate data on their websites or are transparent with potential clients who ask for this information. Consider asking what percentage of disability claim cases the firm has helped approve when you visit for your free consultation. This can give you an idea of what to expect with your own case.
Consider fees
Social Security disability lawyer fees can vary significantly with each attorney. The federal court usually caps the amount a lawyer can charge to help with your case at the lower of 25% of your back pay or $6,000. Some lawyers may charge the maximum amount, while others charge half that. Find out all fees upfront so that you can account for them in your budget.
Ask the right questions
When you meet with an attorney to discuss your case, ask important questions, such as:
- Do I really need a lawyer for this?
- How do you plan to help me?
- What is your process like?
- Who will be working on my case?
Gauge Your Compatibility
During your free consultation, take note of your overall feelings about the Social Security disability lawyer, including whether you believe they’re being transparent with you and whether you have personalities that mesh well together. Not every lawyer is compatible with every client, and that’s okay.
Hiring a Social Security Disability Lawyer
You have a legal right to representation. Hiring a disability attorney can be extremely beneficial when navigating the complex process of applying for disability benefits.
SSDI attorneys have the expertise to perform a case review, explain the application process, collect medical information, communicate with the Social Security Administration, represent clients at legal hearings, and increase the likelihood of approval.
By providing guidance, support, and legal representation, an SSDI lawyer can help you receive the disability compensation you need and deserve.