Considerations for Using a Disability Lawyer

Applicants for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits will probably want to seek legal representation at some point.

While it is true that some disability claimants are approved for benefits with little delay upon their first application, the vast majority will have to appeal their case, not once but twice. In fact, nationwide about 70 percent of disability applications are rejected by the state social security disability determinations services (DDS) agency, and DDS turns down most appeals for reconsideration as well.

This leaves the majority of those seeking financial assistance in the form of disability benefits with no other choice than to request a hearing before an administrative law judge (ALJ). At this point in the process, it is highly recommended that you retain a disability attorney or non-attorney representative. Non-attorney reps, while not attorneys, usually have employment backgrounds that make them uniquely qualified to represent disability applicants, such as former employees of the social security administration (SSA), or even former disability examiners. At any rate, those with some form of representation statistically fare better before a judge than those who represent themselves, so it’s best to line some form of counsel up well in advance of your disability hearing.

However, the fact that you have legal representation does not mean your case is a shoe-in. There is no doubt that a competent experienced disability attorney can only increase your odds of approval, but as in other areas of business, incompetence and sloppy work happens. For this reason it is best for disability applicants to view their legal representative as they would any other subcontractor, and monitor their work performance to make sure it is satisfactory.

Here are some things your disability attorney must do to adequately represent your case:

1. File your paperwork on time and meet any and all deadlines imposed by the social security administration. This seems like a no-brainer, but disability lawyers, like everyone else, make mistakes. Make sure that your case is not one of those that falls through the cracks, and call you lawyer to remind him or her of any upcoming deadlines for filing. Remember, if you miss a deadline, your case is dead in the water, and you have to start all over again, possibly delaying your disability benefits by months or even years. Don’t be afraid to call your lawyer to check the status of your case—you’re the one that will suffer as a result of missed deadlines.

2. Make sure your paperwork is complete before turning it in to the SSA or DDS disability examiner. Until the claims representative (CR) or disability examiner has everything he or she needs to render a disability decision, your case will be put on hold.

Under the best of circumstances it takes months to receive a decision on disability benefits, so any unnecessary delays will only lead to unnecessary financial hardship on your part. If you are contacted by the SSA or DDS because paperwork submitted by your attorney was incomplete, this should send up a red flag that your lawyer may not be providing adequate information. If this happens more than once, find a new attorney.








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Consultative Examination for Social Security Disability or SSI - TiPs,
How to file for disability
What if you don't meet a Disability Listing in the Social Security List of Impairments
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SSA criteria and disability qualifications
Qualify for Disability (What conditions do?)
What conditions qualify for SSI?