Did you know you can increase your probability of winning your Social Security (SSA) Disability case by more than 50% in case you are represented by a lawyer? Simply put, that is clearly a dramatic difference and one that each Social Security disability applicant should heed.
Congressional and SSA's own statistics confirm this statement holds true. The statistic found light in November 2001, during Congressional testimony supplied by Congressman Robert T. Matsui of California. During the hearing Congressman Matsui provided the following testimony:
"Professional representation is a valuable-and indeed vital-service. The disability determination process is complex. Claimants without professional representation seem to be far less likely to receive the advantages to that they are entitled. For example, in 2000, 64% of claimants represented by a lawyer, but only 40% of these without one, were awarded benefits at the hearing level."[1]
At exactly the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the next testimony:
"As many of you know, filing for Social Security benefits-especially disability benefits-is so complicated that lots of claimants must hire attorneys to guide them through the procedure." [2]
Please understand I am not suggesting that you need to have an attorney so that you can win your disability case. People can and do win their cases on their own. In fact, SSA does not need you to have an attorney, you can represent yourself; but why on the planet can you? Congressional and SSA's own statistics show dramatic differences in the outcome of cases based on whether an attorney is involved.
I have debated for years on whether to write articles on why one should hire a disability attorney. I did not want the article to be viewed as self-serving for either myself or my profession. I know of the unfortunate stature attorneys hold in our society, some of which is deserved. I always enjoy the look in a person's eyes if they learn I am an attorney; it is clear they're searching their mind to share the latest attorney joke...& most are very funny!
However, the testimony of Congressmen Matsui and Shaw confirms what SSA and many disability attorneys have known for years. With this type of compelling statistic, it really is my hope this article is viewed as educational, instead of self-serving.
And that means you know the difference a disability attorney could make in your case...so what can do you do about any of it? For anybody that are now considering hiring an attorney, let me offer you some basic information to assist you in your decision.
1. You only pay an Attorney's fee if you win your Case!
The main question on people's minds is, "How do i afford an attorney when I am no longer working?" The answer is simple...you only pay the attorney a fee in the event that you win your case. You do not pay a lawyer upfront. Generally, every disability attorney will represent you on a contingency fee basis. Simply put, this means you don't pay an attorney's fee unless you win your case. Thus, everyone seeking disability benefits are able a lawyer. The question you have to be thinking about is "may i afford not to be represented by a lawyer?"
2. General information concerning the attorney's fees
The SSA and federal law set the attorney's fees in disability cases. The typical fee agreement most attorneys use states the attorney's fee is contingent upon winning your case. The fee is 25% of all past due benefits for you and your family, up to a maximum of $5,300, or whichever is less. Some attorneys might use a fee agreement which provides for a maximum fee of $7,000.
It is worth noting that on February 1, 2002, SSA increased the utmost standard fee amount to $5,300 from $4,000. It is the first time the fee has been increased since 1990 and represented a price of living adjustment.
Thus, the attorney's fees are usually just a fraction of the benefits you receive; according to the amount of your overdue benefits, it's rather a very small fraction.
3. What is my case worth easily win?
The answer to this question depends on many factors including...how long you have been disabled, when or in the event that you will ever return to work, the amount of your monthly benefit and whether you have eligible dependents.
For example, when you are 45 yrs . old, your monthly benefit amount is $1,000, and you also do not return to work before age 65; your case can easily be worth $250,000! This amount will not are the value of the Medicare or Medicaid insurance you will end up qualified to receive after being found disabled. As many of you know, the price of medical insurance in middle age, with pre-existing medical ailments, can be staggering rather than affordable. This needless to say assumes that an insurance provider is willing to insure you.
4. Why you increase your odds of winning your case in the event that you hire a Disability Attorney
There are several reasons hiring a lawyer can significantly increase the probability of winning your case. One significant reason is that disability attorneys understand the complicated regulations that determine success or failure. Two questions I usually ask clients are, "Do you know what you need to prove so that you can win your case?" and "If you do not know, how are you going to start proving it?
You should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is very important hire an attorney who has expertise in representing people with your type of diagnosis. It is important that your attorney believes in your case and they can win it. https://legal.com suggest you ask the attorney just how much experience they have with your type of diagnosis and how often do they win? Any disability attorney should be willing to give you this information.
5. What an Attorney must do to increase the odds of winning your case
From the beginning, the attorney should set forth a strategy that both of you of you should follow to win your case. It is critical to understand what is necessary to prove your case and the method that you will go about winning it. The earlier you know this, the earlier you can take steps to execute the strategy and thereby increase your probability of winning. Thus, you should check with and hire a lawyer either when you file your claim or right thereafter as possible.
Predicated on my experience in representing clients nationwide (remember Social Security is federal law rather than state specific); literally none of them had a technique or plan on how to win their case before they hired me. That is important because many of them were simply "doing whatever SSA told them to accomplish" while their claim had been processed. This included seeing SSA's doctors for an examination that often results in a denial of these claim.
It is very important understand that SSA is obligated to investigate your case and isn't charged with approving it. I'm not suggesting that SSA denies every claim; I'm simply stating that my experience after having successfully represented many clients whose claims were previously denied by SSA because evidence had not been obtained, not reviewed or SSA focused on what it wanted to as a way to support a denial.
In conclusion, in case you are contemplating filing a claim for SSA Disability benefits, I encourage you to consult with a lawyer immediately to help you understand the process. The consultation should not cost you anything except your time. By understanding the procedure and having a strategy, you will significantly increase your probability of winning your case.