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If you are thinking of filing for either social security disability or SSI disability benefits, or you've already applied...or you've already gotten the unfortunate news that your claim has been denied, then the thought of finding a lawyer has probably crossed your mind. And probably for good reason: you may have heard from a friend, neighbor, or relative that it is nearly impossible to get awarded ssdi (social security disability insurance) or ssi benefits without the assistance of an attorney. Or you may have learned from your own experience on a prior application yourself that, without a social security lawyer, winning a disability case can be much more difficult. When it comes to the subject of lawyers for social security, here's some basic information, advice, and tips to keep in mind. 1. If you are pursuing social security disability (ssd) or supplemental security income (ssi) benefits, you are not required to have an attorney or lawyer at any step in the process. In fact, even if your claim goes to federal district court, you are allowed to proceed PRO SE (meaning unrepresented). But having said that, it would, for the vast majority of disability claimants, be unwise to go beyond the initial claim phase without the help of a social security lawyer. In other words, while you may not truly need an attorney's assistance at the basic claim level, you case will benefit from the involvement of a lawyer at the disability hearing level and beyond. 2. You are not required to have legal representation if you have been denied on a disability claim and you also do not have to have an attorney file your appeals paperwork if you have been turned down for benefits. In fact, you can request your own appeal forms if you need to request a hearing before an administrative law judge. And you can do the same if you have been turned down by a judge and need to file a request for a review of the ALJ's decision (this is an appeal which is sent to the appeals council, a body that reviews the decisions of administrative law judges). Having said this, however, in many, if not most cases, it may be preferable for an ssd or ssi claimant who has been denied to simply allow a disability attorney to file the appropriate paperwork. This will make it easier on the applicant---and this is simply part and parcel of the daily functions of lawyers for social security claims anyway. 3. If you decide to obtain legal representation for your social security disability or ssi disability case, you will not be required to pay the attorney upfront. Many people mistakenly believe the opposite, but this is a common and erroneous assumption made by individuals who are pursuing benefits. Lawyers for social security claims based on disability are not paid in advance and are not paid by billable hours on a case. They are, instead, paid on a contingency basis, meaning that they only receive a fee if they win the claimant's case. How much is the fee? Lawyers for social security disability and ssi claims receive one-quarter of a claimant's backpay. In other words, a claimant who has been awarded disability benefits and is eligible to receive a backpayment of ten thousand dollars would need to pay an attorney fee of $2500.00 (the maximum fee, however, does not exceed a fixed amount; for example, in 2005 the maximum fee amount that could be collected by a disability lawyer was $5300.00). These are just a few basic tips to keep in mind if you are considering retaining the services of a disability lawyer. For additional information, you may wish to visit one of these following pages: Information about social security lawyers and attorneys More Information about disability lawyers and attorneys Tips for working with SSD, SSI lawyers and attorneys Disability Attorneys Help with Claims Free Case Evaluation Can you work if you are currently receiving social security disability or SSI? Who to call regarding the status of my social security disability case? |
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SOCIAL SECURITY DISABILITY SSI LAWYERS ATTORNEYS ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 4 |
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If you suffer from a medical disability such as hip, neck, shoulder, ankle, wrist, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, ulcerative colitis, irritable bowel syndrome, arthritis, dysthymia, depression or other mood disorders, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, statutory blindness, peripheral field problems or other vision loss, clinical obesity, attention deficit hyperactivity or, simply, adhd, bipolar disorder or manic depression, panic disorder, schizophrenia, autism, head trauma, memory loss, low iq, mental retardation, learning disability, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, esrd or end stage renal disease, reflux, gerd (gastroesophageal reflux disease), cfids, muscular dystrophy, coronary artery disease, cardiomyopathy, or tachycardia, bradycardia or other arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "questions" & "how" pages. |
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