why would i need an attorney for disability case

by Tre Quigley 4 min read

The most important reason that applicants should hire a disability attorney to assist with their disability case is that the chances of being approved for benefits significantly increase.

A social security disability lawyer understands what is required by the SSA and when deadlines must be met throughout each step to keep your claim moving forward so you can start receiving the benefits you need. They help avoid initial denials and fight for you if your claim is denied.Nov 9, 2021

Full Answer

Should you hire a disability lawyer?

Dec 23, 2015 · A final reason that shows the importance of having a disability attorney on your side when applying for Social Security disability benefits is that they are extremely skilled at navigating through the complexities of the appeal hearing process. They also know the best strategies for combating arguments that may hurt an applicant’s case in front of a judge.

How does a disability lawyer get paid?

Why You Need an Attorney for Short-Term Disability Claims Getting injured on the job is challenging to deal with, but experiencing benefit denial can take it to another level. Benefit denial can hurt you financially and leave you frustrated. However, you can enlist the help of an attorney and disability lawyers to ease the process!

How to find a good disability lawyer?

2. An experienced SSDI attorney can help you get the medical evidence you need. An experienced disability attorney knows what evidence is needed to win your claim. If you have a lumbar spine impairment, a multiple sclerosis diagnosis, or suffer from clinical depression, an experienced Social Security attorney can make requests to your doctors ...

How much does a Social Security disability lawyer cost?

Jun 09, 2021 · 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.


What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

What are some reasons disability claims can be denied?

Top 12 Reasons to Be Denied SSI Disability Benefits
  • Your income or assets are over the limit.
  • Didn't return necessary forms to SSA.
  • Denied SSI for not being a US citizen.
  • Failure to return important phone calls from SSA or the Disability Office.
  • Currently working--over the Substantial Gainful Activity (SGA) limits.
Sep 1, 2020

What problems can you get disability for?

For adults, the medical conditions that qualify for SSDI or SSI include: Musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones. Senses and speech issues, such as vision and hearing loss. Respiratory illnesses, such as asthma and cystic fibrosis.Mar 27, 2019

How do I fight my disability?

Here are listed the top 5 courses of action to take if you are denied Social Security:
  1. #5: File for Reconsideration. ...
  2. #4: Schedule a Hearing with an ALJ. ...
  3. #3: Submit New Medical Evidence. ...
  4. #2: Get Doctors' Testimonials. ...
  5. #1: Speak with an Attorney. ...
  6. Contacting a Social Security Attorney. ...
  7. Additional Resources.

What is the hardest state to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability Benefits
  1. File Your Claim as Soon as Possible. ...
  2. Make an Appeal within 60 Days. ...
  3. Provide Full Details of Medical Treatment. ...
  4. Provide Proof of Recent Treatment. ...
  5. Report your Symptoms Accurately. ...
  6. Provide Medical Evidence. ...
  7. Provide Details of your Work History.
Oct 20, 2019

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.
  • “I can't work because no one will hire me.” ...
  • “I don't know why I'm here. ...
  • “I don't do chores because my significant other, friend or family member does them.” ...
  • “I have never used drugs or alcohol in my life.”
Oct 17, 2014

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

Can a disability lawyer help with a disability claim?

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.

What is disability lawyer?

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.

How to get a disability attorney?

An attorney in disability can provide the following services: 1 Prepare the initial application 2 Attend disability hearings 3 Attend reconsideration hearings 4 Collect the necessary medical evidence 5 Obtain medical opinion from doctors 6 Contest Social Security Administration decisions 7 Advise clients on the law 8 Prepare and draft legal briefs for the Administrative Law Judge 9 Examine and cross-examine witnesses 10 Examine and cross-examine Vocational Experts or Medical Experts 11 Attend appears before the Appeals Council or Federal Court

How much does a disability lawyer charge?

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 is the impact of disability on a case?

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.

How does legal representation help with disability?

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.

Is it mandatory to have a lawyer for Social Security?

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.

Can a lawyer help with disability?

Therefore, it’s best to consult a lawyer with extensive knowledge of the Social Security system to obtain the best result. Further, a lawyer can help people in other special categories receive disability benefits. This includes those who have visual impairments but do not meet the SSA’s legal definition of blindness.

What can a disability lawyer do for a widow?

A skilled disability lawyer can also assist eligible widows, widowers and children who are disabled to obtain increased benefits. Social Security law is complicated, but finding the right lawyer is simple.

How long do you have to wait for an appeal hearing if your disability is denied?

Further, if your claim is denied, you may have to wait a year for an appeals hearing. When a lawyer helps complete your application, your odds of being approved the first time are greatly increased. A disability lawyer will make sure your application contains the information the SSA requires in order to approve your benefits.

What to do if your disability is denied?

In addition, if your claim is denied, you will already have an advocate who is ready to fight for the benefits you deserve.

What do you need a lawyer for SSA?

Finally, if the SSA is disputing your claim, they are likely to have expert witnesses to defend the denial. Therefore, you need a lawyer who knows how to obtain and prepare witnesses whose testimony will best support your case.

How much do attorneys get paid when they win a case?

This means you should not have to pay any up-front fees or retainers. With limited exceptions, attorneys cannot receive fees greater than $6,000, or 25% of the client’s back pay, whichever is less.

Is a lawyer obligated to maintain attorney-client privilege?

In addition, a lawyer is obligated to maintain attorney-client privilege, which means that all of your communication is strictly confidential. While non-lawyer representatives may maintain confidentiality, they are not legally bound to do so.

ERISA is Complex Federal Law

If you have long-term disability coverage through your employer, it is likely your claim for benefits is governed by a federal statute called the Employee Retirement Income Security Act (ERISA).

Specialization Matters

This law firm has been representing people in their fight for disability insurance benefits for over 15 years. From our experience, we understand what types of evidence you need for your claim, including:

Attorneys That Specialize in Handling Your Disability Insurance Claims

This law firm was created with a single purpose in mind: to help people get disability benefits from insurance companies.