Did you know you can boost your odds of winning your Social Security (SSA) Disability case by more than 50% for anyone who is represented by a lawyer? Simply put, that's a dramatic difference and something that each Social Security disability applicant should heed.
Congressional and SSA's own statistics confirm this statement holds true. The statistic came to light in November 2001, during Congressional testimony supplied by Congressman Robert T. Matsui of California. Through the hearing Congressman Matsui provided the following testimony:
"Professional representation is really a valuable-and indeed vital-service. The disability determination process is complex. Claimants without professional representation look like far less likely to receive the benefits to that they are entitled. For Helpful resources , in 2000, 64% of claimants represented by a lawyer, but only 40% of these without one, were awarded benefits at the hearing level."[1]
At the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:
"As many of you know, filing for Social Security benefits-especially disability benefits-is so complicated that many claimants must hire attorneys to guide them through the process." [2]
Please understand I am not suggesting that you need to have an attorney so that you can win your disability case. People can and do win their cases on their own. In fact, SSA does not require you to have an attorney, it is possible to represent yourself; but why on earth would you? Congressional and SSA's own statistics show dramatic differences in the outcome of cases depending on whether an attorney is involved.
I have debated for a long time on whether to create articles on why you need to hire a disability attorney. I did so not want this article to be looked at as self-serving for either myself or my profession. I am aware of the unfortunate stature attorneys hold inside our society, some of which is deserved. I always benefit from the look in a person's eyes when they learn I am a lawyer; it is clear they're searching their mind to talk about the latest attorney joke...and most are very funny!
However, the testimony of Congressmen Matsui and Shaw confirms what SSA and several disability attorneys have known for years. With this type of compelling statistic, it is my hope this short article can be regarded as educational, instead of self-serving.
So you know the difference a disability attorney can make in your case...what can do you do about any of it? For anybody who are now considering hiring a lawyer, let me present you with some basic information to work with you in your decision.
1. You merely pay an Attorney's fee if you win your Case!
The main question on people's minds is, "How do i afford a lawyer when I am no longer working?" The answer is easy...you merely pay the attorney a fee in the event that you win your case. You do not pay a lawyer upfront. Generally, every disability attorney will represent you on a contingency fee basis. Simply put, this means you don't pay an attorney's fee unless you win your case. Thus, everyone seeking disability benefits are able a lawyer. The question you ought to be asking yourself is "can I afford never to be represented by an attorney?"
2. General information concerning the attorney's fees
The SSA and federal law set the attorney's fees in disability cases. The typical fee agreement most attorneys use states the attorney's fee is contingent upon winning your case. The fee is 25% of most past due benefits for you and your family, up to maximum of $5,300, or whichever is less. Some attorneys may use a fee agreement which provides for a maximum fee of $7,000.
It is worth noting that on February 1, 2002, SSA increased the maximum standard fee amount to $5,300 from $4,000. Here is the first-time the fee has been increased since 1990 and simply represented a cost of living adjustment.
Thus, the attorney's fees are usually only a fraction of the huge benefits you receive; based on the amount of your overdue benefits, it's rather a very small fraction.
3. What's my case worth easily win?
The answer to this question depends on numerous factors including...how long you have already been disabled, when or in the event that you will ever return to work, the number of your monthly benefit and whether you have eligible dependents.
For example, should you be 45 yrs . old, your monthly benefit amount is $1,000, and you also do not go back to work before age 65; your case can easily be worth $250,000! This amount will not include the value of the Medicare or Medicaid insurance you will be qualified to receive after being found disabled. As many of you know, the cost of medical insurance in middle age, with pre-existing medical conditions, can be staggering and not affordable. This of course assumes that an insurance provider is ready to insure you.
4. Why you increase your probability of winning your case if you hire a Disability Attorney
There are many reasons hiring an attorney can significantly increase the probability of winning your case. One significant reason is that disability attorneys understand the complicated laws and regulations that determine success or failure. Two questions I always ask potential clients are, "Are you aware what you must prove so as to win your case?" and "If you do not know, how will you go about proving it?
You should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is very important hire a lawyer who has expertise in representing people who have your type of diagnosis. It is important that your attorney believes in your case and they can win it. It is advisable to ask the attorney how much experience they have together with your kind of diagnosis and how often do they win? Any disability attorney should be willing to offer you this information.
5. What an Attorney must do to increase the chances of winning your case
Right from the start, the attorney should set forth a strategy that you both of you should follow to win your case. It is critical to understand what is necessary to prove your case and the way you will start winning it. The earlier you know this, the sooner you can take steps to execute the strategy and thereby boost your odds of winning. Thus, you need to consult with and hire an attorney either once you file your claim or as soon thereafter as possible.
Predicated on my experience in representing clients nationwide (remember Social Security is federal law and not state specific); literally do not require had a strategy or plan on how exactly to win their case before they hired me. This is important because many of them were simply "doing whatever SSA told them to accomplish" while their claim had been processed. This included seeing SSA's doctors for an examination that often results in a denial of these claim.
You should understand that SSA is only obligated to investigate your case and isn't charged with approving it. I'm not suggesting that SSA denies every claim; I'm simply stating that my experience after having successfully represented many clients whose claims were previously denied by SSA because evidence had not been obtained, not reviewed or SSA focused on what it wished to in order to support a denial.
In conclusion, should you be contemplating filing a claim for SSA Disability benefits, I encourage you to consult with a lawyer immediately that will help you understand the process. The consultation shouldn't cost you anything except your time and effort. By understanding the procedure and having a technique, you will significantly boost your probability of winning your case.