If you are still deciding whether you need a lawyer, I discuss that separately in Is It Better to Get a Lawyer for Disability? Here, let’s look at how to choose a Social Security disability lawyer and what to ask before hiring one.
What should I look for in a Social Security disability lawyer?
A lawyer skilled in Social Security disability law can make the difference between winning and losing. Among the important contributions an experienced local social security disability lawyer specialist can make are the following:
- Understanding the basis of disability under the rules and regulations, and working to ensure that the testimony and medical evidence is directed to the crucial issues;
- Helping direct the claimant’s hearing preparation and testimony to the relevant facts and issues that the ALJ wants to know about;
- Understanding through experience what issues are important to specific administrative law judges (they are all a bit different);
- Being “at the claimant’s side” in the process and providing reassurance that the case is moving forward successfully;
- Making sure the relevant medical records are submitted to the social security administration;
- Securing a medical source statement from treating doctors that addresses the precise issues and impairments that are critical to winning.
Before hiring a lawyer, ask who will handle your case, how you will be kept informed, and how the lawyer will prepare your medical evidence and hearing testimony.
What should I know about a disability lawyer’s fees?
Social security disability lawyers are no different than other attorneys or any profession: they are not able to work for “free”. Legal aid services are the only places where a lawyer could represent you without a fee in a disability case. These agencies are funded by the Legal Service Corporation, which in turn is funded by the U.S. government. In general, however, legal aid will not take a case if there is the possibility that the individual had the resources to hire an attorney in the private sector.
Social security disability lawyers work on a contingent fee basis: we receive a fee only if we win your disability case. The social security administration must approve the fee that the disability lawyer charges.
What percentage does a disability lawyer get?
Under Social Security’s standard fee-agreement process, the disability attorney’s fee cannot exceed 25% of the past-due benefits or $9,200, whichever is less. Social Security must approve the fee agreement and authorize the fee. Different rules can apply when a lawyer uses the fee-petition process. Here are some examples of how this 25% or $9,200, whichever is less, fee arrangement works:
- John Smith wins his case. His retroactive benefits are $4000. His disability attorney’s fee will be $1000.
- Johanna Smith wins her case. Her retroactive benefits are $20,000. Her disability attorney’s fee will be $5000.
- Fred Flintstone wins his case. His retroactive benefits are $50,000. His disability attorney’s fee will be $9,200.
Before signing, ask whether the agreement covers an appeal and whether you will owe separate expenses, such as charges for medical records. You can read more about Social Security’s fee-agreement rules here.
Should I choose a lawyer who specializes in Social Security disability?
In my opinion, yes. Most people seem to understand that “you have to get a lawyer to get disability” – as if just having a “J.D” at the end of the name is all that matters. But what is important is not just being a lawyer. What is important is to hire a lawyer who specializes in social security disability and practices day-in, day-out before the Administrative Law Judges in your area.
For more on the local-experience question, see Do you need a Texas lawyer for your Texas disability case?
Should I trust a lawyer who promises a faster disability decision?
Another misconception is that hiring a lawyer will automatically reduce the waiting time for a favorable decision. This is incorrect. Unfortunately, there are unscrupulous disability representatives that will promise “expedited” handling of a disability claim simply because you hire them. No attorney or representative firm can guarantee that their clients will move ahead of others in line. Social Security does have expedited procedures for qualifying cases, including terminal illness, homelessness, and dire need, and a lawyer can request that handling with supporting documentation.
It is, however, true that experienced and competent social security disability lawyers closely monitor case progress, and know when there are signs of problems or mistakes that have bogged a case down. But in general, you should expect the same delays whether you hire a disability attorney or go it alone.
Can I fire my disability lawyer?
In general yes, but you need to read and understand the Fee Agreement you have signed with the attorney. People call me all the time saying that they want to fire their existing attorney and hire me. Bar rules in Texas, and probably most states, governing attorney conduct do not allow an attorney to poach another attorney’s client. But even if the rules of ethics were not a problem, I would be unwilling to take a client from another attorney.
It’s not that we attorneys are a tight-knit club that watches one another’s backs (though that might be nice) but rather disability claimants often want to fire their attorneys over the fact that the case is “taking too long”. As I noted above, the usual delays in securing disability benefits are not necessarily your attorney’s fault. Those delays are a function of the high number of persons filing disability claims, the limited resources Social Security has to process the claims, and a bit of government “slowness”.
If your lawyer is not meeting your expectations, you at least owe them the courtesy of making your complaints known and giving them the opportunity to explain or recognize their mistakes. But if your attorney is simply ignoring you and is unwilling to do better, a change may be in your best interest.
If you fire your disability attorney, they may waive their right to charge a fee for work they have done. If, however, the disability lawyer has done a lot of work on your case, they may seek a fee for that work. They are not, however, able to charge a fee for representation before Social Security unless it is authorized by Social Security. Most importantly, if you feel a fee is not justified, you will have the opportunity to object through Social Security’s fee-review process.