If you are struggling to work due to a medical condition, you may be pondering filing for social security disability.
Before filing for disability, or even after starting the filing process or after being initially rejected, many people ask themselves the question, “is it better to have a lawyer for disability?”
What are my chances of getting disability with a lawyer?
Do I need a lawyer to file for disability?
You do not need a social security disability attorney in order to file for disability with the Social Security Administration (SSA). However, an experienced social security disability lawyer increases your chance of a successful disability claim.
Can you win disability without a lawyer?
While it certainly is possible to be awarded disability without the help of a social security attorney, your chances of getting disability with a lawyer are likely higher when working with an attorney specializing in social security disability.
To find out why your chances of winning disability with a lawyer are greater than without, we would first need to delve further into what a disability lawyer does.
What does a disability lawyer cost?
You probably are like most disability claimants and have no money to pay a lawyer – after all, you are disabled and cannot work! But you can still hire a qualified social security lawyer.
Social security disability attorneys work on a contingent fee arrangement. They are paid 25% of the money that social security owes you for the past if they approve your disability case and you are entitled to back benefits. If you do not win back benefits money from social security, you will not owe your disability lawyer anything.
What does a disability lawyer do?
Social security disability attorneys are knowledgeable about what it takes to qualify for social security disability benefits and typically have years of experience dealing with the SSA.
When you first contact a disability attorney, they or their staff will make a determination as to whether or not to take on your case. If they do agree to take on your case, it is an indication that they think you have a fair chance of winning because the attorney will not get a fee if he loses the case.
The next step is typically to sign a medical release form allowing your attorney access to your medical records. The disability attorney will then begin to develop medical evidence to support your case by requesting medical records.
Do you get a disability lawyer to fill out disability forms?
If you have not already filed for disability with the SSA, your social security disability attorney can help you to do so. If you have previously been denied disability, or are denied disability after your attorney helps you to file, your disability attorney can help you file an appeal and prepare your case for a hearing.
Your disability attorney will collect and review your medical records, and secure supportive statements from your treating doctors. Your disability attorney will also help prepare you for the disability hearing by telling you what to expect, answering your questions, and doing a trial run of questions that you are likely to be asked so as to prepare you to answer those questions.
Can a lawyer help you get disability?
At the disability hearing, your disability attorney will argue your case for you. They will have developed a “theory” as to why they believe you are disabled.
These theories may include that:
- your condition meets a disability “listing”
- you “grid” out of all work (including past work)
- your non-exertional limitations prevent you from working, or
- your exertion level is “less than sedentary.”
Medical evidence, including medical records, supportive statements, witnesses, and testimony will all be arranged by the attorney to best support the theory.
The level of expertise required to effectively assemble such cases around these theories is typically best left to the experts.
Do I need a lawyer to get social security disability?
While you do not “need” a disability lawyer to get disability, working with someone who regularly handles and is an expert in dealing with disability cases certainly gives you an advantage. The social security disability application process is unfamiliar to you. The stress of dealing with your disability and health problems are enough to overwhelm even the toughest persons. Adding to your life’s stress with filling out disability forms and making sure the government handles your disability case fairly can seem unwise – especially when you have to pay a disability lawyer to handle your case only if he wins for you.
Your disability lawyer stands by your side during the stressful and unfamiliar road to secure disability benefits. He will make sure your case stays on track, and that your rights are protected.
Fort Worth and Dallas Disability Attorney
If you can’t work due to physical or mental disability, we’re here to help. Contact Denman Law Office to set up a free and confidential case evaluation.