what kind of attorney works with disability claims

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

How Much Does an Attorney Cost?

Many people think they are unable to afford to have an attorney represent them in their disability claim. However, there is no upfront cost or fee for an attorney to represent you. The attorney only gets paid if they win your case. So don’t let cost keep you from obtaining an attorney because they only get paid if you get paid.

Can They Help With My Application?

For many people, getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is a long journey. The application alone can be confusing, and it often involves a lot of paperwork, medical documents, and reports.

Will They Be in Court With Me?

If you have to attend a court hearing for your disability claim, you have the right to be represented by an attorney. A disability attorney can help you prepare for court and advocate for you during the hearing. Overall, they are there to ensure that you get the best results. Other duties of a disability attorney include:

Why is it important to have an attorney for disability?

And because insurance companies use these exams as a way to deny disability benefits, it can be important to have the help of an attorney to ensure your rights are protected, the exam is conducted fairly, and you are not exposed to risk of injury.

How much do disability attorneys charge?

Disability attorneys often handle disability cases on a contingency fee basis, and may charge up to 40 percent of the past-due benefits the insurance company owes you or a combination of your past-due and future benefits. Under a contingency fee arrangement, you won't owe your attorney a fee unless you win your case.

What to do if your disability is denied?

If your disability claim has been denied, you may need the help of an attorney. Every individual disability insurance policy has governing clauses. Your policy may require an appeal or reconsideration to be filed before you can file a lawsuit against the company. An attorney can help you understand what kind of response is required.

Why is it important to file a disability claim?

In filing a disability claim, it's very important for you to understand the key terms and provisions in your policy.

Can a disability attorney help you?

Whether you're filing a disability claim, appealing a denied claim, filing for reconsideration, or filing suit against your insurance company, a qualified disability attorney will be able to help you in a number of ways. Your attorney can obtain persuasive evidence of your disability, interact with the insurance company on your behalf, and otherwise help you navigate an exhausting process. Read on to learn more about the benefits of working with a disability attorney.

Can an attorney clarify disability?

However disability is defined in your policy, an attorney can clarify these terms for you. If your insurance company hires a vocational expert, your attorney, in order to combat the biased expert, may ask a vocational expert to testify about the requirements of your occupation and the labor market.

Can you owe an attorney a contingency fee?

Under a contingency fee arrangement, you won't owe your attorney a fee unless you win your case. However, it's important to ask your attorney if you will be charged for the expenses of litigation. Expenses could include the costs of obtaining your medical records, filing paperwork, postage, and depositions.

What is a good VA disability attorney?

A good veterans disability attorney will have the legal knowledge and experience to go toe to toe with the VA to get you the compensation you deserve. They will be able to help you gather evidence that supports your claim, understand the stress you are dealing with and will be there to guide you through your case, ...

What makes a good lawyer?

A good attorney will be empathetic to the challenges you are facing and will have the human experience, skills, and patience necessary to help you understand your case. Too many people feel as though they are just another number on their lawyer’s desk.

Does the VA build a case against you?

The VA has many resources to help them build a case against you. Regardless if you are dealing with a physical disability or a mental impairment, the opinion of an experienced medical professional will go a long way in helping you tip the scales in your favor.

What does a disability lawyer do?

Your disability lawyer will work to prepare you for the hearing level. Disability attorneys understand the hearing process, and they will review your records and get a general idea of what kinds of questions that the judge may ask you. You will practice responding to these questions.

What is a lawyer's disability?

Disability benefits are a federally run program through the Social Security Administration (SSA) that provides financial assistance to those who have become disabled and are unable to work to earn a living wage. Disability benefits can be used to cover the costs of medical bills and everyday living expenses.

What is disability determination services?

Disability Determination Services (DDS) will review everything, including physician notes and work records to determine your restrictions and limitations. They will use the details to determine if you can still your past kind of work or if you can perform some other kind of work and earn a living.

How much does a lawyer get paid for SSA?

The money that is paid to your lawyer will come out of your back payment amount. Usually, the lawyer is paid around 25% of your back payment lump sum, up to $6,000.

What does a lawyer do after reviewing a case?

Your lawyer will review the details of your case and determine the best way to pursue your claim. After reviewing everything, your lawyer will be able to determine the best way to proceed with your claim and the likelihood of your claim being approved.

What happens if you don't have a strong disability case?

Most disability lawyers are instructed to only accept cases that will most likely be successful, so if you do not have a strong case, they will choose to reject your case.

When you start your claim, must you complete the claim forms in detail?

When you start your claim, you must complete the claim forms in detail. Don’t skip any questions and be sure to answer in detail. Properly answer the questions, indicating how you are disabled and your restrictions and limitations.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, arrange for witnesses, and more.

How much does a disability attorney charge?

Even though disability attorneys’ fees are capped at $6,000, the majority of our readers told us their attorneys received less than that amount.

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. Here's why it makes sense to hire a disability lawyer for your disability claim for mental illness.

Can a disability lawyer charge more than $6,000?

In come cases your disability lawyer can submit a fee petition to Social Security, asking to charge you more than the $6,000 cap on fees for disability claims. Why It's Smart to Have a Lawyer at a Disability Hearing. The Social Security Act and its corresponding regulations are a complex area of law, so it's always advisable to hire a lawyer ...

Do disability lawyers charge fees?

Disability lawyers do not charge up front fees or require a retainer to work on a Social Security disability case. Most disability attorneys will be paid a fee only if they win the case (this is called a contingency fee.)

Do disability advocates get paid?

Disability attorneys and advocates get paid only if you win, so they do what they can to give you the best chance of success.

Do you have to have representation at a disability hearing?

While you are not required to have representation at a Social Security Disability hearing, your chances of winning improve if you do.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why are disability advocates important?

Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

What is the most important factor in winning a Social Security claim?

The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

Why do disability attorneys decline to take cases?

Concerns about disability applicant. An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent statements from the claimant, or dishonesty.

Who will assess a disability case?

Disability lawyers and their assistant s who screen cases for them will assess a case before they agree to represent a disability applicant, and if they notice weaknesses in a case, they might reject it.

What happens if a claimant has not had medical treatment?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

What to do if an attorney doesn't think you have a case?

If an attorney or firm doesn't think you have a case, or declines to take your case for other reasons, it is important that you ask the attorney or firm to explain why they won't represent you. This will allow you to address any issues so that you can strengthen your case, either to convince the attorney or firm to take your case or have a stronger case for the next legal representative you interview. To contact other disability attorneys and firms in your area, you can use our disability attorney locator tool.

What is disrespectful behavior in disability?

Disrespectful Behavior. The disability process is stressful and attorneys and their staff members well understand this. However, attorneys will not tolerate abusive or disrespectful language directed at themselves or their staff no matter how good the case.

Why do people who have been represented in the past have difficulty finding a new attorney?

It is also because clients who have had issues with a previous firm or advocate are more likely to have the same issues even with a new attorney.

Can an attorney stop representing you?

Therefore, if you have behaved inappropriately towards an attorney or firm staff member, you should apologize directly to the attorney or staff member and provide a written letter of apology. Remember, though, that an attorney can cease to represent you if there is a relapse in your behavior.