How Can a Disability Lawyer Help You with Your Social Security Claim?

| March 21, 2023
Disability Lawyer

Disability Lawyer

You may qualify for Supplemental Social Security Administration or Social Security Disability Insurance if you are disabled or develop a condition that prevents you from working.

Both SSI and SSDI programs fall under the Social Security Administration. However, individual states have the right to modify application requirements and eligibility. 

With the help of a qualified disability lawyer, you can familiarize yourself with the benefits process in your state and ensure your claim is approved.

The National Organization of Social Security Claimants’ Representatives estimates that up to 66% of all disability claims end in denial. Many claims get approved after appeal. However, legal representation increases the chances of approval on the first application by up to 23%.

Working with an experienced attorney who understands the disability application process dramatically improves your chances of a favorable outcome. 

When filing for Social Security Disability benefits, it is not unusual for claimants to overlook some paperwork.

An experienced lawyer knows all the paperwork you must complete to ensure you get all the necessary documents.

How Does a Disability Lawyer Help Your Social Security Claim?

In addition to improving your chances of getting your claim approved, a disability lawyer plays several critical roles.

  • Tackling Bureaucracy: Filing a Social Security Disability claim involves a lot of paperwork. A disability attorney can help you understand the regulations and get all the necessary paperwork to ensure you do not miss any deadlines.
  • Frees Up Your Time: Adjusting to life with a new illness or injury that renders you unable to work is difficult. A disability lawyer frees up your time by tackling your claim application process while you focus on healing emotionally and physically.
  • Highlights Information: Some critical aspects of your case can significantly increase your chances of success. A disability lawyer can help you highlight this information and get your claim approved at the earliest stage, preventing a lengthy appeal.
  • Provides Courtroom Experience: An experienced disability lawyer can help you gather and index your medical records, interpret complex Social Security Administration rules and regulations, and question witnesses. They can also guide you on what to expect at the hearing.
  • Improve Your Chances of Success: Statistics prove that your chances of a successful claim are higher with an experienced disability attorney. An experienced lawyer ensures you are prepared with organized records and an issue-focused argument. They can also prepare you to answer all questions skillfully to win your claim at an early stage. According to the National Bureau of Economic Research, claimants with the proper legal representation decrease the claims process by over ten months.

How Much Does It Cost to Hire a Disability Lawyer?

Most people forego the right to hire an attorney because they think it is too costly. However, not hiring a lawyer significantly decreases your chances of success, especially in Social Security Disability claims.

When you suffer a long-term injury or sudden disability, money may be tight. You may also be unemployed or lose wages from taking too much time off work. 

While the costs of hiring a disability lawyer can seem daunting, it is a worthwhile investment that ensures you win your claim.

In addition, most disability lawyers work on a contingency basis, meaning you do not pay any fees until you get compensation. When you hire a disability lawyer, you will not pay any fees upfront until you receive Social Security Disability benefits.

Disability attorneys who work on a contingency basis allow everyone struggling financially to get proper legal representation and a fair chance at getting their claim approved. 

In addition, the Social Security Administration and Congress regulate the contingency fee structure to ensure the fee is limited to $6,000 or 25% of your benefits, whichever is less.

Types of Disability Benefits

The Social Security Administration hosts two disability programs for injured Americans. Each program has unique eligibility requirements and methods of calculating benefits.

Social Security Disability Benefits

SSDI is available to individuals who pay into the Social Security System. The Social Security Administration offers monthly benefits based on the applicant’s average lifetime earnings. The benefits are calculated based on work credits.

To qualify for SSDI, you must have proof of a qualifying medical condition found on the SSA’s List of Impairments. Your condition must meet the following criteria:

  • It prevents you from working the same job you had before the disability.
  • It prevents you from engaging in another gainful activity.
  • Medical professionals expect the condition to last more than 12 months, or it may result in death.

Supplemental Security Income

SSI is a needs-based program; you do not need proof of work to qualify. Your benefits under SSI depend on your household income and the value of any available resources.

To qualify for SSI, you must prove that:

  • You are over 65 years old, completely or partially blind, or medical professionals expect your condition to last for over 12 months or result in death.
  • You are a citizen or meet all non-citizen requirements.
  • You do not own more than $2,000 in assets individually or $3,000 as a couple. The value of your assets does not include your home and primary vehicle.

The SSA uses the Federal Benefit Rate to calculate your benefits.

When Should You Contact a Disability Attorney?

The earlier you contact a disability attorney, the better for your claim. Even if you are still considering whether to file for disability, you should consult with a disability attorney to find out your options.

A lawyer can help evaluate your case and guide you through the initial application. Remember, your lawyer will charge you a contingency fee, so retaining them at the initial stage means their pay will come out of the back benefits owed before you file a claim.

Remember, filing a disability claim can take months or years before resolution. However, with the proper representation, you can significantly reduce this duration by up to 10 months or more.

We do not recommend hiring a lawyer if you have already submitted an initial claim but have yet received a response from Social Security. 

At that point, a lawyer can do little, so committing 25% of your back benefits does not make sense as you wait for denial. However, if your claim is denied, you should hire a disability attorney immediately.

If you need Social Security Disability benefits, contact a disability lawyer today to determine the strength of your claim.

Tags: , , ,

Category: Disability Claim

About the Author ()

Comments are closed.