If You Have A Lawyer Will He Gather The Evidence For Your Social Security Disability Case?
When individuals initially file for Social Security disability there is no absolute requirement to have a lawyer or representative. However, since most initial disability claims are denied, disability applicants typically have to begin the Social Security appeal process in order to be eventually approved for disability benefits and this, in and of itself, generally necessitates a need for representation at some point.
In most states, the disability appeal process begins with the request for reconsideration appeal and may end in Federal Court. Generally, though, most disability claims that are approved after entering into the appeals system end with an administrative law judge hearing or--to a far lesser extent--an Appeals Council review. Once your initial disability claim has been denied, it can reasonably be argued that you should consider the services of a Social Security disability representative.
Social Security representatives can be lawyers or non-attorney representatives. Social Security does not require that you use a lawyer to represent you at your disability hearing, or at any level of the process, and there are many competent non-attorney Social Security representatives.
When choosing a representative, an attorney or non-attorney, the most important thing is that you trust and have confidence in them (having said that, though, one of the best ways to choose a representative is by the recommendation of someone who has actually used their services, i.e. a former client whose case was won by the representative and who received satisfactory service from the representative).
So, when should you get a representative for your disability claim? Well, if you are able to complete a small amount of paperwork and return it to Social Security within the sixty-five day appeal period (sixty days plus five days for mail time) you may not need a representative to file your reconsideration appeal. However, if your reconsideration appeal is filed and is then denied, you should seriously consider obtaining the services of a representative to represent you at your disability hearing. Competent Social Security representatives know disability rules and guidelines that most ordinary people are not aware of and can gather the evidence needed to support a disability claim, including medical records, physicians statements, and vocational information.
My own opinion as to when a person should seek representation is after their claim has been denied at the disability application level, without waiting for a reconsideration appeal to be filed. Why? Because reconsideration appeals are overwhelming denied in most states and typically a person who has filed for a reconsideration will later need to file a request for a hearing. And at the hearing level, you are best prepared if you have representation. My opinion on this matter, however, is also drawn from observing gazillions of cases in which individuals failed to do something as simple as A) submit appeal paperwork within the required timeframe, B) go to a scheduled social security medical exam, or C) respond to a call-in letter from a social security field office or a disability examiner (this type of letter requests that you call them back as soon as possible to provide information that they need). In such cases, simply having representation could have made the difference as to whether or not a case "stalled out" along the way. Sometimes stallouts waste months of a claimant's time, which may really be precious time with regard to financial concerns.
You may be wondering "how do I pay my lawyer or representative, I don't have the money to pay attorney fees". Because the social security disability and SSI disability system is administered by the federal government, the means by which representatives are compensated is regulated. Social Security disability representatives work for a fee that represents 25 percent of any back payment of benefits up to a maximum amount (set by Social Security that can be increased periodically).
For instance, if your back payment of benefits was $1000.00, your representation fee would potentially be $250.00 dollars (I say potentially because you may have agreed to pay other expenses to your representative, such as reimbursement for the cost of obtaining medical records).
When hiring a representative, it is important to read your fee agreement thoroughly, because the agreement is a legally binding document. Some representatives include allowable expenses such as travel, copying, mailing, or any expense incurred in preparing your disability case, and some representatives charge these incidental expenses whether they win or lose.
However, back to the title of this post, in exchange for the agreed upon fee amount your lawyer or representative should gather all the evidence needed for your Social Security disability case. However you should remember that you and your representative are a team and that they depend upon you to provide them updates regarding new medical treatment (for instance, new doctors, new tests, new diagnoses) and continued medical treatment, as well as other information pertinent to your disability case.
Return to:
Social Security Disability Secrets
Social Security Disability Benefit Questions
Other Posts
How much medical evidence is needed to win a disability case?
Social security disability activities of daily living
Applying for disability for a mental condition
How to get social security disability or SSI the first time you apply
How can I get SSI?
Social security disability SSI, objective medical evidence
Filing for social security disability benefits, SSI
Disability qualifications, how do you medically qualify
In most states, the disability appeal process begins with the request for reconsideration appeal and may end in Federal Court. Generally, though, most disability claims that are approved after entering into the appeals system end with an administrative law judge hearing or--to a far lesser extent--an Appeals Council review. Once your initial disability claim has been denied, it can reasonably be argued that you should consider the services of a Social Security disability representative.
Social Security representatives can be lawyers or non-attorney representatives. Social Security does not require that you use a lawyer to represent you at your disability hearing, or at any level of the process, and there are many competent non-attorney Social Security representatives.
When choosing a representative, an attorney or non-attorney, the most important thing is that you trust and have confidence in them (having said that, though, one of the best ways to choose a representative is by the recommendation of someone who has actually used their services, i.e. a former client whose case was won by the representative and who received satisfactory service from the representative).
So, when should you get a representative for your disability claim? Well, if you are able to complete a small amount of paperwork and return it to Social Security within the sixty-five day appeal period (sixty days plus five days for mail time) you may not need a representative to file your reconsideration appeal. However, if your reconsideration appeal is filed and is then denied, you should seriously consider obtaining the services of a representative to represent you at your disability hearing. Competent Social Security representatives know disability rules and guidelines that most ordinary people are not aware of and can gather the evidence needed to support a disability claim, including medical records, physicians statements, and vocational information.
My own opinion as to when a person should seek representation is after their claim has been denied at the disability application level, without waiting for a reconsideration appeal to be filed. Why? Because reconsideration appeals are overwhelming denied in most states and typically a person who has filed for a reconsideration will later need to file a request for a hearing. And at the hearing level, you are best prepared if you have representation. My opinion on this matter, however, is also drawn from observing gazillions of cases in which individuals failed to do something as simple as A) submit appeal paperwork within the required timeframe, B) go to a scheduled social security medical exam, or C) respond to a call-in letter from a social security field office or a disability examiner (this type of letter requests that you call them back as soon as possible to provide information that they need). In such cases, simply having representation could have made the difference as to whether or not a case "stalled out" along the way. Sometimes stallouts waste months of a claimant's time, which may really be precious time with regard to financial concerns.
You may be wondering "how do I pay my lawyer or representative, I don't have the money to pay attorney fees". Because the social security disability and SSI disability system is administered by the federal government, the means by which representatives are compensated is regulated. Social Security disability representatives work for a fee that represents 25 percent of any back payment of benefits up to a maximum amount (set by Social Security that can be increased periodically).
For instance, if your back payment of benefits was $1000.00, your representation fee would potentially be $250.00 dollars (I say potentially because you may have agreed to pay other expenses to your representative, such as reimbursement for the cost of obtaining medical records).
When hiring a representative, it is important to read your fee agreement thoroughly, because the agreement is a legally binding document. Some representatives include allowable expenses such as travel, copying, mailing, or any expense incurred in preparing your disability case, and some representatives charge these incidental expenses whether they win or lose.
However, back to the title of this post, in exchange for the agreed upon fee amount your lawyer or representative should gather all the evidence needed for your Social Security disability case. However you should remember that you and your representative are a team and that they depend upon you to provide them updates regarding new medical treatment (for instance, new doctors, new tests, new diagnoses) and continued medical treatment, as well as other information pertinent to your disability case.
Return to:
Other Posts
How much medical evidence is needed to win a disability case?
Social security disability activities of daily living
Applying for disability for a mental condition
How to get social security disability or SSI the first time you apply
How can I get SSI?
Social security disability SSI, objective medical evidence
Filing for social security disability benefits, SSI
Disability qualifications, how do you medically qualify
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