Maybe you are reading this post because you searched Google and asked “should I get a lawyer before applying for disability”? You no doubt have found lots of answers on Google. Most of these posts, however, seem oriented to bringing you in as a client. There is nothing wrong with that – I want clients too, as I have found them crucial to my eating on a regular basis.
While I agree in general with my fellow social security disability lawyers in their blog posts about this subject – that contacting a social security disability lawyer is a good idea – most of these posts appear to have been written by marketing people, and don’t really answer your question. They often feel more like a “sales pitch”. Certainly none discuss situations where you might not want to contact or hire a disability lawyer.
So I will start with the negative – the reasons why maybe you shouldn’t contact or hire a disability lawyer.
Reasons you may not want to CONTACT a social security disability attorney
OK, I lied. I cannot think of any legitimate reasons. I will talk with you about your situation – for FREE. OK, it is always true that any time you reach out for advice – whether to a lawyer or a car mechanic – you might get poor advice, or that you will encounter a salesman personality who tries to “strong arm” you into signing up with them.
But what if your car stops working and you are new in town and don’t know a mechanic? Are you going to let your car sit idle in the driveway because you are scared of being ripped off by an unscrupulous mechanic?
Are you going to rely on Uncle Lester’s advice because his son got on disability 10 years ago?
Again, did I mention I will consult with you informally about your situation FOR FREE?
Reasons you may not want to HIRE a social security disability attorney
You do not need a social security disability attorney in order to file for disability with the Social Security Administration (SSA). It certainly is possible to be awarded disability without the help of a social security attorney.
1. Your social security disability claim is for terminal cancer.
If you have terminal cancer, and you have insured status for social security disability insurance, you may have a very strong case. Social Security also expedites cases involving terminal illness. You may want to concentrate on the quality of the life that remains to you. I do take cases where the claimant has cancer that has metastasized and/or is considered terminal by doctors, but my primary contribution is to use my best efforts to push the case through. Often times I do not get a fee because the case goes through so quickly there are no retroactive benefits from which I could be paid.
2. You expect the attorney to push your claim through quickly.
Attorneys cannot control how quickly Social Security processes a disability case. We can monitor a case. We can make sure that it does not fall through the cracks at Social Security. In appropriate cases, we can ask for expedited handling, but we cannot simply make Social Security hurry your case along.
3. Your long-term disability insurance company told you to hire their law firm
Many long-term disability insurance policies provided by employers have an “offset” for social security disability benefits. Translation: depending on the policy, the amount they have to pay you may be reduced by some or all of the social security disability benefits received.
So are you surprised your long-term disability insurance company wants you to collect social security disability benefits? They do, and they will refer you to a law firm or social security disability representation group like Allsup for free help in filing for disability.
But just because you are drawing long term disability it does not mean you qualify for social security disability, or that you should file for it at all. Many long-term disability plans provide for benefits in the first two years if you only prove you cannot return to your old work. But Social Security uses a stricter test: generally, you must be unable to do your past work and unable to adjust to other work because of your medical condition. This is a distinction big insurance companies don’t want to make. Their approach is to “throw it up against the wall and see if it will stick”.
Why you should CONTACT AND HIRE a social security disability attorney if you are even considering filing a claim for social security disability benefits
Social Security Disability Lawyers receive a fee only if they win your case and you get social security disability back benefits
Most are familiar with attorney “contingent fee” arrangements typical of personal injury suits. Social Security disability lawyers also work on a contingent fee.
Under Social Security’s standard fee-agreement process, the fee is limited to the lesser of 25% of past-due benefits or $9,200.
Many may look skeptically at the “contingent fee” arrangement, citing the million-dollar payouts in big personal injury cases, or “early win” situations in which the attorney may not have had the chance to do a lot of work.
The key feature these skeptics forget: you assume NO RISK if you do not win. The attorney may end up spending untold hours, and if not successful, she has worked for you FOR FREE.
If she wins, depending on your claim, you may get (i) past-due benefits, (ii) monthly benefits while you continue to qualify and (iii), if you receive SSDI, Medicare eligibility even if you are under age 65, generally after a 24-month qualifying period. Under the standard fee-agreement process, the fee is limited to the lesser of $9,200 or 25% of past-due benefits.
In the words of “the Who”, I call that a bargain.
You may only have “One Big Shot” to Win Social Security Disability
OK, I will update my musical references from “my generation” (the Who) to Eminem in “Lose Yourself” where he raps about a performance he believed would make or break his career.
“You only got one shot” has some relevance to a social security disability claim.
A social security disability claim is a long, drawn out process marked by lots of waiting, decisions, and appeals. In this process, the ALJ hearing is in many ways the “one big shot”.
While it is true that an ALJ denial can be appealed, most Appeals Council requests for review do not result in the Appeals Council granting review.
Do You Really Want to “Go It Alone” on a disability claim?
I believe most social security disability applicants hire a social security disability lawyer because they “want to win”. That is the goal, but I often feel the support and presence of a disability lawyer in a disability claim is not fully appreciated.
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 or equals a disability “listing”
- the “grid” rules direct a finding of disabled
- your non-exertional limitations prevent you from adjusting to other work, or
- your limitations leave you with less than the full range of sedentary work.
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.
The vast majority of disability claimants have never filed a social security disability claim, and likely never had to deal with an administrative process of duration like a disability claim.
Why exactly would you choose to go through a new and foreign experience like this alone?