When do you need to talk to a Disability Lawyer?
Why hire one?
What are the essential elements you should know!
In this article, we will break down what a Disability Lawyer can do so you know all there is to know about it!
Keep reading as we have gathered exactly the information that you need!
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Table of Contents
When To Talk To A Disability Lawyer
It’s important to determine when you may need to speak with a disability lawyer to help you deal with a Social Security case.
From a client’s perspective, there are two important factors to consider:
- What are the benefits of hiring a disability lawyer
- How much will a disability lawyer cost
One main reason why a person may choose to retain the services of an SSI disability lawyer is to help increase the likelihood that the disability application is approved.
Having a lawyer is not mandatory.
However, having an experienced lawyer who has seen many applications in the past and has dealt with the Social Security Office does bring value in structuring your claim in the best possible manner.
Although an attorney cannot guarantee the approval of your application, with the right attorney, you may certainly avoid common pitfalls and may present your case in a more optimal fashion.
The second element is with regards to the cost of doing business with a disability lawyer.
In many cases, a disability lawyer will offer a free consultation to get to know about your case and give you some preliminary advice.
If you choose to retain the services of the attorney, the fees they charge are regulated by federal law.
Disability lawyers can charge legal fees equal to the lesser of either 25% of your disability backpay or $6,000.
There may be no initial payment (or very little) and the lawyer will receive the legal fees when you win your case.
What Does A Disability Attorney Do
A “disability lawyer” is a legal professional trained in the field of disability laws.
An attorney in disability can provide the following services:
- Prepare the initial application
- Attend disability hearings
- Attend reconsideration hearings
- Collect the necessary medical evidence
- Obtain medical opinion from doctors
- Contest Social Security Administration decisions
- Advise clients on the law
- Prepare and draft legal briefs for the Administrative Law Judge
- Examine and cross-examine witnesses
- Examine and cross-examine Vocational Experts or Medical Experts
- Attend appears before the Appeals Council or Federal Court
When filing a claim, it’s important to properly present key elements of a disability application such as the “alleged onset date” of disability or establish that the person’s condition meets the ones outlined in the listed impairments published by the Social Security Administration.
Hiring A Disability Lawyer
It’s best to hire a lawyer before errors are made in the file or the application has already been rejected.
As such, hiring a lawyer (if that’s what you intend on doing) is better sooner than later.
Many decide to file their initial application on their own without the need of an attorney but may make mistakes or introduce a complexity in the case that may not have been necessary.
By having a lawyer support you at the initial application phase, you can have comfort that your case may be presented in the best possible light.
It’s worth getting a consultation from an attorney before an application is filed so you can get a sense of the strengths and weaknesses of your case.
If you decide that you need a disability lawyer, it will also give you an opportunity to evaluate the competence and motivation of the attorney.
Another benefit of choosing a lawyer early on (before the filing of an initial disability application) is that if your application is approved, your corresponding legal fees will also be lower.
Even if you handled your own application that was ultimately denied, it’s still worth consulting with disability attorneys to assess the possibility of filing a reconsideration request.
Disability lawyers can quickly grasp the underlying reason why an application was denied and can assess the evidence and documentation to see if a successful reconsideration may be filed.
Should You Hire A Lawyer for Disability
Many wonder if they should hire a disability lawyer for their claim.
The truth is that it’s not mandatory to have an attorney.
Anyone has the right to file their own application, present their own case, and attend the hearing on their own.
However, is that the best decision for everyone?
In a disability claim, a crucial factor impacting the overall success of the case is to have the right medical evidence in support of a claim.
Submitting too much evidence, irrelevant evidence, contradictory evidence, or other can certainly lead to the denial of an application.
Having legal representation will allow you to increase your chances of winning as your disability attorneys will evaluate the medical evidence, identify gaps, focus on the strengths, and avoid over-complicating the application.
In some cases, the attorney will require that you perform additional tests or obtain further medical records to enhance the medical evidence of the case.
Lawyers can also support an applicant by contacting the doctors or health care professionals to get the records and information needed for the case.
Being able to speak to medical professionals, by understanding the disability process, and clearly communicating their needs, lawyers for disability can quickly focus on what’s essential for your case and avoid wasting time or delays.
Type of Questions Disability Lawyers Can Answer
Going through a disability is a dramatic life experience.
It’s not easy for a person and his or her family to go through a disability event.
There may be many legal questions and confusion about the process, what are the disabled person’s rights and remedies, and so on.
That’s when a disability lawyer can help clarify disability questions and help prepare a disability claim in the best possible way.
Here are some questions that a disability attorney may help answer:
- Do I qualify for Social Security Disability benefits?
- Do I qualify if I’m a retired person?
- Which type of benefit do I qualify for?
- What information do I need to gather?
- What evidence or records should I collect?
- How much can I receive in disability income?
- Do I need a disability lawyer?
- How much does a disability lawyer cost?
- Can I get disability benefits for my disabled child?
- Is my condition considered a disability?
As you can see, it may not always be clear or simple.
Every person’s situation is unique and can affect how the Social Security Administration office will evaluate and consider the case.
If you are able to take the time to contact a state disability lawyer, you should do so.
At a minimum, the attorney can help answer your questions and clarify your disability case.
SSI And Social Security Disability Lawyers Takeaways
So, when should you contact a Disability Lawyer?
Should you hire a lawyer or law firm for disability?
Let’s look at a summary of our findings.
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