When and Why Should I Hire a Social Security Attorney

When and Why Should I Hire a Social Security Attorney

– We will ensure your application is complete by reviewing each answer for consistency with your required Adult Disability Report and Work History Report.

– We will review your claim to determine if other family members or disable children might qualify for Social Security Disability Benefits.

– We will review your initial application to identify weakness or issues that might cause the claim to be denied.

– We will explain changes in your medical condition if your conditioned has worsened since the initial application and submit that information with specific details about how those changes have impacted your daily life and ability to work.

– We will work to determine that your medical records are updated and properly documented each time you visit your doctor, receive any new treatments, or taken any new tests. That information will be submitted and should strengthen your claim or enhance an appeal.

– We will accompany you to all interviews, conferences, and hearings you have with Social Security staff.

– We will work with you to gather supporting statements from former doctors and other accepted medical providers, former employers, friends, and family members who are able to testify or provide information about your physical limitations.

– We will encourage you provide to your doctor whenever necessary a “medical source statement” which documents your treatments and your medical history. This statement is another piece of medical evidence proving you are disable.

— We will encourage DDS to send you for a consultative examination specialist and to pay for any additional examinations.

– We will research new social security rules or laws so that we prepare you to testify before an administrative law judge (ALJ) or in court.

– We will request SSA to provide to all vocational and medical expert evidence that it intends to use at any ALJ hearing.

– We will cross-examine where permissible all testifying vocational and medical experts and file motions to change your alleged onset date of disability where applicable.

– We will listen to you describe your symptoms, pain, and discomfort, focusing our attention with how your injury or condition restricts your ability to perform any work task, which is a key factor in determining disability claims.

There many other tasks that disability attorneys do for their clients, and these listed actions are some of the many activities and functions a social security disability attorney will do for you.

If you are still wondering “WHY” you should hire a Social Security disability attorney, review the following illustration, and consider what is at stake.

EXAMPLE: A 52-year-old claimant with a SSA statutory retirement age of 67, receives an established monthly SSDI benefit of $1,480:

Current age, 52. There are 15 years between claimant’s current age and the SSA retirement age, which means there are possibly 15 years of payments. Based on this example, a person that satisfies all the SSA requirements could receive 12 monthly payments each year (12 x $1,480= $17,760, and could collect the $17,760 for 15 years: = $266,400. Under this example, $266,400 is at STAKE.

Because each case is different and supported by separate facts and documentation, the above example should NOT be construed as applicable to your disability or condition. You may receive more or less than the amount shown. 

When should you hire a Social Security Disability attorney?

Many articles suggest that hiring an attorney before filing your “initial application” offers the claimant the best opportunity to protect their disability claim. The theory is that early legal advice and a thorough review of a case allows everyone time to properly investigate, analyze, and develop a case file. Of course, you can hire counsel at any time and there are no requirements that you need legal counsel to file or and to be granted disability benefits.

In 2023, the SSA received over 1,500,000 claim applications and there are some punlications indicating a backlog of 1,000,000 claims waiting for a determination. This data strongly suggests that by submitting a carefully reviewed, error-free and complete application with all supporting evidence is better than filing an application containing errors, inconsistent statements, or omits relevant evidence.

Remember, the objective is to have the initial application approved.

As to WHEN you should think about hiring a disability attorney, here are a few things to consider:

–  If you have applied for disability benefits before and your claim was denied, a lawyer can help you appeal by looking for ways to strengthen your case before filing the appeal. We recommend that you always appeal if your claim denied. Because there are strategic reasons for this recommendation, do not just file a new claim. Call a disability attorney for advice or consultation.

–  People with disabilities may file their initial application with the SSA using mail, online or fax. However, almost 80% of initial applications are denied and many were denied because of insufficient medical records, irrelevant information, mistakes, or contradictions with prior answers or inconsistent statements or other paper work. Many of these denials could have been avoided.

–  Are your medical records precise and clear-cut to satisfy the disability requirements? Disability lawyers know how to explain unclear or confusing medical records and show the SSA that you qualify for the disability benefits.

–  Sometimes the problem is not with the quality of the medical records submitted, but problems with the language used or not used by the medical professionals. Attorneys hired before the claim was filed can review the medical records and communicate with your doctor to clarify any ambiguous language.

–  An attorney hired before a claim is filed can assist the claimant by explaining what a SSA question is truly asking while being available to assist with drafting and presenting proper and truthful answers.

– Medical records are the key to winning disability claims. However, although doctors may know about your medical condition, they may not know how to report that condition so claim examiners can easily understand how your condition fits the agency’s definition of disability.

– Work History Reports are critical to disability claim decisions. The SSA uses these reports to gather detailed information about your work tasks and responsibilities. How questions on “Work History Reports” are answered is used to determine if the claimant is qualified “for any job” in the national economy. If you file your own claim, take time to think about SSA-Form 3369-BK. The SSA/DDS will use the information you provide as a tool to determine the severity level of your disability.

– If your claim has been denied, you only have 60 days to file a request for “reconsideration.” If it is necessary to file for an “Administrative Law Judge” (ALJ) hearing, the 60-day time also applies for those forms of appeal. Deadlines are strictly enforced and must be met or you risk having your case dismissed. By having an attorney, he/she will receive a copy of the denial which triggers the attorney to timely file for the applicable appeal.

If your claim has been denied, you should immediately consider hiring a disability attorney for the reasons we have suggested. Those reasons also include reviewing any new medical evidence as well as examining the evidence that SSA/DDS used in making its determination. If you have not filed, many articles suggest that by having an attorney your chances of being approved improved by over 50% after an ALJ hearing.

Also, a disability attorney would not likely file and submit an initial application where he/she felt the medical records insufficient or where non-medical evidence is omitted and would not support the claimed injury, condition, or disability. Further, where claims need additional or other strengthening evidence, a disability attorney can analyze the new information for any weaknesses.

If you decide not to hire an attorney, be sure to consult consult the SSA (Blue Book) Listing of Impairments, and determine if there is a condition for your disability or condition. You may still qualify if your condition is not listed and it causes the disabling effect. This is where a lawyer is most likely needed.