Answering the question about “When and Why” You Should Hire a Social Security Disability Attorney.
Answering the question about “When and Why” You Should Hire a Social Security Disability Attorney.
In 2023, it is estimated that SSA received over 1,500,000 claim applications, and many articles indicate that an annual backlog of 1,000,000 claims is not unusual. This volume of claims suggests that submitting a carefully reviewed, error-free, complete, and fully developed application with all supporting evidence is better than filing an application that contains errors and mistakes, contradicting statements, or omits relevant evidence. Remember, the objective is to get your claim 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 and your claim was denied, a lawyer can help by looking for ways to strengthen your case before filing an appeal. Except for a few exceptional circumstances, we always recommend an appeal if your claim is denied. Because there are strategic reasons behind this recommendation, do not just file a new claim without contacting a disability attorney.
- People with disabilities may file their initial application using postal services, SSA’s online link, or visiting your local SSA office. Regardless of how you file your claim, around 65%-73% of the initial applications are denied, depending on the state where you live. However, many initial applications are denied because of insufficient medical records, irrelevant information, and mistakes, or where a greater focus is on a disability and less attention is paid to proving an inability to work, contradictions with prior answers, or errors with other paperwork. Most of these denials could have been avoided with proper legal oversight. Being approved for benefits is the objective. File a completed and correct application the first time.
- Do your medical records clearly show you have satisfied SSA’s disability requirements? Disability lawyers know how to explain unclear, ambiguous, or confusing medical records. They also know how to draft initial application memorandums or pre-hearing briefs arguing that you should be granted disability benefits.
- We do not leave it to the administrative law judges to determine the critical points of your disability argument. To avoid this potential problem, we draft a precisely and carefully worded pre-hearing or post-hearing brief that establishes and supports the theory of your case. In other words, we provide a road map for ALJs to consider.
- Sometimes, the problem is not with the quality of the medical records provided but with the language used or not used by the medical professionals. Attorneys hired before the claim was filed can communicate with your doctor(s) and attempt to clarify any ambiguous or inconclusive language.
- A Social Security disability attorney can assist claimants by refining what an SSA question is asking and help draft proper and truthful answers, preventing contradictions.
- Medical records are the key to winning disability claims. However, not all doctors report a claimant’s condition so that an SSA/DDS Claim Examiner can understand how a claimant’s condition fits SSA’s definition of disability. Disability attorneys can work with doctors seeking to clarify reports.
- Work History Reports are critical to disability claim decisions. SSA uses these reports to gather detailed information about your past work activities and the demands of those jobs. How questions on the “Work History Reports” are answered determines a claimant’s ability to perform past relevant work. If you file your claim, take time to think about SSA-Form 3369-BK. SSA will use this form and the information you provide to determine the severity level of your disabling limitations. Disability attorneys are aware of this potential obstacle.
- If your claim has been denied, you only have 60 days to request “reconsideration.” If it is necessary to file for an “Administrative Law Judge” (ALJ) hearing or request a review by the Appeals Council, the 60-day time limit also applies. Deadlines are strictly enforced, and you risk having your case dismissed if a deadline is missed. If you have an attorney, they will receive a copy of the denial and know how to take the next step within the allotted time.
A disability attorney would not file an initial application or any appeal if they felt the medical records were insufficient to support the alleged disability. However, where a claim needs additional or other strengthening evidence, a disability attorney can analyze evidence for weaknesses and make recommendations. If you decide not to hire an attorney, consult SSA’s (Blue Book) Listing of Impairments and determine if your disability (Impairment) satisfies the stated Blue Book conditions.
You may still qualify for benefits even if your condition is not listed but can be shown to be “functionally equivalent” to a listed condition. Social Security Disability attorneys know about this exception and how to make the best arguments when using this exception.
Why should you hire Social Security Attorney Dan Wimmer?
First, our firm ONLY handles Social Security Disability Insurance or Supplement Security Insurance claims. I do not practice in state courts because Social Security Disability Insurance law is governed by federal law. Second, I am the attorney who personally oversees and supervises each case. Our clients are not handed off to another person who never gets to talk or meet the attorney.
I am the attorney who will explain your legal options and give an honest and genuine opinion about your claim and your chances of winning. Although we cannot guarantee that your claim will be approved, our approach is to organize each claim case file as though it will be approved at the initial application stage. If your claim is eventually denied, we will have an organized, well-informed, and developed case ready for each administrative appeal. From the moment you contact us, you will see that we take a personal and professional approach with each client and work to achieve our winning objectives.
What our law firm will do:
—We will not ask for upfront money and do not require any fees or expenses unless we win your case.
—We will not charge you to review your case file or to consult with us regarding a Social Security Disability issue.
– We will build the initial claim application file using your work history, medical records, education, employment records, any third-party letters, and information showing job-limiting activities. This data can also be used to demonstrate that your disability may have occurred before the “alleged onset date” (AOD). This essential fact-sensitive issue could significantly affect your back pay benefits.
– We will work with you to help identify and gather all relevant records that can be used to strengthen your initial application or support any administrative appeals pursued.
—We will review your initial application paperwork and all SSA Forms for completeness and consider each answer. We will assist you with three critical reports that must be filed: the Adult Disability Report (SSA 3368 BK), the Work History Report (SSA 3369-BK), and the Function Report-Adult (SSA 3373).
– We will review your claim to determine if other family members or disabled children might also qualify for Social Security Disability Benefits.
– We will review your initial application before filing it to identify any weaknesses or issues that might cause your claim to be denied.
—We will present any significant changes regarding your medical circumstances to SSA and write a memorandum explaining whether those changes have worsened your condition since filing the initial application.
—We will ask you to keep us informed about your medical condition and update your records at each doctor visit, after any treatments, or when taking any new tests. Providing us with this information should strengthen your claim and improve your chances of an administrative appeal. Also, this information may enable us to request an “On-the-Record Approval,” which, if granted, would avoid endless appeals or hearings.
– We will accompany you to all scheduled interviews, conferences, and hearings with Social Security staff or administrative judges.
– We will work with you to gather supporting statements from former and current doctors, other medical providers, former employers, friends, and any family members who might testify or are willing to provide written information about the effects of your physical limitations.
—We will provide you with a medical source statement and ask your doctor to complete it or provide us with other medical information connecting and explaining your limitations.
— We will encourage SSA/DDS to send you for a consultative medical examination specialist and request that SSA pay.
—We will research any new rules and regulations as we prepare you to testify before an administrative law judge (ALJ) or in a federal court.
— We will request that SSA provide in advance all vocational and medical expert evidence it intends to use at your ALJ hearing.
— We will cross-examine, where permitted, all testifying vocational and medical experts and file motions to change your alleged onset date of disability where applicable or challenge expert testimony and request that the record remain open.
Still unsure about hiring a Disability Attorney — — — — —Consider what is at stake!
EXAMPLE: Suppose a 52-year-old claimant with a statutory retirement age of 67 filed a claim and was approved for monthly SSDI benefits of $1,480:
Because there are 15 years between this hypothetical claimant’s current age of 52 and Social Security’s retirement age of 67 based on his birth year, there could be 15 years of payments this claimant might receive. Based on this example, this claimant could receive 12 monthly payments per year (12 x $1,480 = $17,760) and collect $17,760 for 15 years = $266,400.
Under this example, $266,400 is at STAKE; and it all belongs to you!
Did You Know?
- SSDI applications are frequently denied because they don't have enough information to enable the SSA to award you SSDI benefits. It is better to appeal a denial first before submitting a new application. An appeal allows you to correct or supplement your application. An attorney knows how to do this.
- The SSA typically will not approve an SSDI benefits award if your earnings are more than $1,620 monthly (in 2025).
- The amount of work credits a person needs to qualify for SSDI depends on their age and when they became disabled. The general rule of thumb is that a person needs 40 credits, and 20 of these must have been earned in the last 10 years. However, younger applicants may need fewer work credits.
- If you are over 50, and suffering from a disability that prevents you from performing past types of work, you have a better chance of winning a Social Security Disability claim.
- In 2025, a blind adult may be able to receive up to $2,700 per month, and the amount of monthly earnings that trigger a Trial Work Period (TWP) will increase to $1,160/month.
- In 2025, the maximum monthly SSI benefit will increase to $967 for an individual and $1,450 for an eligible couple. SSA anticipates that the 2025 average monthly Social Security benefit for all disabled workers will be $1,580.
Social Security Disability Claim Denied?
You Need a Social Security Disability Attorney
We represent claimants fighting for their Social Security disability benefits. We can help you.
Contact The Law Office of Dan Wimmer for a skilled Social Security Disability Attorney.
"A skilled Social Security Disability Attorney representing clients throughout the United States who either need to initially file for their Social Security disability benefits or have been denied at one of the various stages throughout the process to give them the best chances of success."
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