It may be difficult to get Social Security disability benefits (SSDI or SSI), especially when there is a requirement to schedule to attend a disability hearing. The hearing process is not formal as it has less rigid rules for evidence. However, your chances of success will greatly increase if you have a lawyer by your side who has experience and expertise in understanding Social Security Disability Law.
Understanding disability benefits: A brief overview
There are several federal benefit programs that provide financial assistance to people who are living with disabilities and seniors. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two types of common programs provided by the Social Security Administration (SSA).
SSI provides minimum financial assistance to persons with disabilities and older adults with limited resources and income. Federal SSI benefits are often supplemented by state programs from the Social Security Administration (SSA).
The SSDI program provides financial assistance to individuals who are disabled and have a work history either through a family member (spouse/parent) or through their own employment.
One of the major differences between SSI and SSDI is that SSI is based on age, limited income, and resources, whereas SSDI is based on work credits and disability.
The Role Of A Lawyer In The Disability Application Process
A lawyer can make a huge difference in making a favorable decision in getting your benefits. The role of an attorney in the disability claim process is as follows:
- Expertise in disability law
- Comprehensive evaluation of disability claims
- Representation before administrative law judge (ALJ) and other proceedings
Complex Cases: When Hiring A Lawyer Is Essential
Hiring a lawyer is important for complex cases due to their extensive knowledge, strategic thinking, and analytical skills to help in handling legal issues. A lawyer can help you in various ways, such as:
- Protecting your rights by thoroughly investigating your claims
- Build a strong case in your favor
- Help to avoid problems that may arise during the claim process
Success Rate: The Difference A Lawyer Can Make
A lawyer can make a huge difference in your disability claim. However, the success rate cannot be calculated as every case is unique, and it is impossible to predict the chances of winning in any particular case. However, a lawyer will fight for your claim based on their understanding of the Social Security disability rules.
The SSA does not have statistics that show the success rates of disability claimants who have won at the initial phase or at the reconsideration stage. However, studies by the Government Accountability Office (GAO) have found that disability claimants who are represented by a lawyer have three times higher chances of winning than when they represent themselves.
What Does A Disability Lawyer Do?
A disability lawyer performs multiple tasks when it comes to collecting and compiling medical information, including carefully reviewing all medical records and other relevant information in the disability claim. They can guide you in the following:
- Case review and assessment: Your disability lawyer will carefully analyze all the aspects of your disability application process and will ensure that you are on the right track. After a specific review, they will inform you what the best path is for you and will draft a narrative that reflects your situation. They will develop the best strategy for the success of your case.
- Assistance with initial application submission: Your disability attorney will help you with completing your application and submitting it within the deadline with all the necessary evidence.
- Gathering and organizing medical records and other necessary documents: Disability lawyers can help advise on the collection of evidence and documentation required to support the disability claim. They will help you understand the eligibility criteria set by the SSA.
- Filing appeals and representing you in hearings: Disability lawyers will represent you in appeals and hearings. Moreover, they can even prepare you for hearings, cross-examination, and how to present arguments. During the initial phase, most applicants’ applications are rejected. Therefore, you have the right to file an appeal, and if a lawyer is by your side, they can prove to be valuable to you.
- Ongoing communication with the Social Security Administration (SSA): The SSA has to go through enormous forms, communications, and claims from claimants seeking Social Security Disability Benefits. When the communications are inaccurate, not to the point, and not properly formatted, your application may get denied or rejected. If you have a lawyer by your side, they will effectively communicate with the SSA. It will increase your chances of getting benefits as the SSA has multiple formalities, deadlines, and various pitfalls.
The Cost Of Hiring A Disability Lawyer
When you hire a disability lawyer, it can be beneficial for you in the future and be one of the reasons for strategic investment. Before hiring a lawyer, you need to know about their fee structure.
Hiring a disability lawyer can be a strategic investment in your future and is a practically risk-free investment as they generally operate on a contingency fee basis, meaning you only incur legal fees if your case is successful, with no upfront costs involved
Understanding Fee Structure: No Win, No Fee Agreements
In a contingency fee structure, you only need to pay legal fees if you win, with no upfront costs. The claimant needs not to pay until and unless they are successful in getting their benefits.
You need to check the fee agreements stating the fee structure and outlining the scope of legal representation. You need to check whether your expectations are met or not.
Finding And Choosing The Right Disability Lawyer
It is essential to hire the right lawyer before navigating the complicated application process. If you want to make an informed decision, you need to follow some steps:
- Select a lawyer who takes the time to understand your case
- Make sure they have extensive experience in disability law
- Check the lawyer’s track record and reputation
- Assess their communication skills
- Inquire about their fees and costs
- Know the lawyer’s location
Questions To Ask During The Initial Consultation
- What information do you require from me?
- How long will the disability claim process take?
- What will be our first step?
- What concerns do you have about my disability case?
- What is your expertise?
If you are unable to work and want to pursue a Social Security disability claim, an experienced disability lawyer may help you file an initial application. It will reduce your chances of denial. In case your claim gets denied, an attorney may help to file an appeal and may guide you through the disability process.