what to look for when retaining attorney for ssi case

by Mr. Albin Romaguera II 7 min read

How can an attorney help my Social Security disability claim?

During this process, it can be greatly beneficial to have an experienced SSI attorney advocating on your behalf. But what should you look for in an attorney, to help maximize your chance of a positive outcome for your SSI case? Things you should consider include: Defining Your Needs; The Cost of Hiring an Attorney for SSI; How to Find SSI Attorneys

Can a lawyer represent a child on Social Security disability?

The attorneys at Morgan & Morgan understand the impact a denied Social Security Disability claim can have on an individual and their family, especially when these benefits are the applicant’s main source of income. More often than not, applications for Social Security disability are initially denied; however, an initial denial does not necessarily mean that the applicant is not entitled to ...

Can I apply for SSI without an SSI lawyer?

A good lawyer will get to know you, your limitations, and Social Security disability law. They can increase your odds of success. You do need to pick a lawyer who will get to know you and one who does a lot of Social Security disability work.

What happens if my Social Security disability claim is denied?

The contents of the letter state something along the lines of “because of your behavior you need to contact this law firm so we can discuss estate planning and any of your future distribution”. Both of my parents are named as being represented by this firm. The letter asks that I call this law firm to discuss.

The Cost of Hiring an Attorney for SSI

Cost likely tops your list of concerns when it comes to hiring an attorney. The bottom line for most people who hire a lawyer is: Can I afford this service?

How to Find SSI Attorneys

Googling SSI attorneys in Georgia can quickly give you access to a large list of potential lawyers.

Questions to Ask During an Initial Interview

When you sit down with a lawyer, you want to determine if they are a good fit for your case’s needs.

How does the SSA determine if a worker has worked long enough to receive benefits?

The SSA determines whether workers have worked long enough to receive benefits by calculating the amounts they should receive and converting their earnings into work credits. A worker can earn four credits for a year of work, depending on his or her yearly income (one-quarter of coverage, or QC) changes every year. In 2017, a worker will earn one work credit for every $1,300 of wages or self-employment income. However, when the worker earns more than $5,200, they are capped for the year as he or she received four credits. The formula for this number is complicated, but it is recalibrated annually and never decreases.

What to do if your claim is denied?

Your attorney can respond on your behalf to any questions posed by the claims examiner during this stage. Hearing: If your claim is repeatedly denied, or if you do not agree with the results, the next step is to request a hearing by an administrative law judge.

Can you get denied Social Security?

More often than not, applications for Social Security disability are initially denied; however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.

Can SSI help with disabilities?

Supplemental Security Income (SSI) may be able to help families with children who have severe disabili ties if they have minimal income and limited resources. These benefits may be paid regardless of a parent’s ability to work, and will continue as long as a child is disabled and unable to provide for himself or herself financially.

Does long term disability insurance cover pensions?

Some individuals have long-term disability (LTD) insurance policies through their jobs, carry their own coverage, or have these policies worked into their pension plans. Similarly to SSD, LTD compensates disabled employees for a portion of the income they would have received if they were working.

Who is eligible for SSDI?

Eligible applicants include those who have worked a total of at least five of the 10 years before developing their disabilities. Dependents, including children and spouses, may also be able to collect if a parent qualifies for SSDI. Disability benefit amounts are based on the applicant’s work history and earnings.

Can a denied Social Security claim affect your family?

More often than not, applications for Social Security disability are initially denied; however, an initial denial does not necessarily mean that the applicant is not entitled to benefits.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What happens if you don't see a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.

Can a lawyer take my SSDI claim?

For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI. For SSI, if you have significant income or assets, a lawyer won't be interested in your case. A lawyer might also try to estimate the amount of backpay you'll receive, as lawyers' fees are paid out of your backpay.

Can you get Social Security for fibromyalgia?

Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

Can a lawyer take a client with substance abuse?

Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Who does a lawyer represent in a disability case?

Most lawyers that represent adults in social security disability cases also represent children . A parent or legal guardian would would file an application for Supplemental Security Income (SSI) on behalf of the child.

What to do if you don't get a favorable decision on Social Security Disability?

If after applying you do not receive a favorable decision, you may want to search for an attorney that handles not just Social Security Disability Claims but also childhood claims. When you meet with the SSI Lawyer, you should discuss how your child might fit into the rules and what if any additional evidence might be necessary in supporting the claim. I handle SSI childhood cases but I am very selective. If you live in the Southern Illinois (Tri-State) Area give me a call!

What is a child disability report?

The “Child Disability Report” collects information about a child’s disabling condition and how it affects his/her ability to function in five basic areas. Furthermore, a child SSI lawyer should be familiar with the domains and their significance.

Can I apply for SSI without a lawyer?

If it is not too overwhelming for you at first, you may want to apply without an SSI Child Lawyer. In addition, you will need to complete an Application for Supplemental Security Income (SSI) AND a Child Disability Report.