Do I Need a Lawyer to Get Disability?

If you are disabled due to an accident or medical condition, you may be eligible for disability benefits through the Social Security Administration (SSA). These benefits are designed for individuals who can no longer work because of a physical or mental disability. Many applicants hire disability lawyers to help them obtain the benefits they deserve.

You may wonder if you need a lawyer to receive disability benefits. While having legal representation isn’t required, hiring an experienced disability lawyer is highly recommended for many reasons. Here’s a guide to help you decide whether consulting a lawyer is right for you and your loved ones.

A DISABILITY LAWYER WILL REVIEW YOUR SITUATION AND ADVISE YOU HOW TO PROCEED

Statistics show that applicants who use attorneys are more likely to have their claims approved than those who apply on their own.

A disability lawyer will review your case in detail before guiding the best way to move forward. A knowledgeable attorney knows the Social Security system inside and out, including which information is needed for a successful outcome.

During your first consultation, which is free, your lawyer will ask you many questions about your disability, your medical history and your employment record.

In addition, a lawyer will explain the various kinds of Social Security benefits and determine which program you qualify for.

DO I NEED A LAWYER IF I’M APPLYING FOR DISABILITY BENEFITS FOR THE FIRST TIME?

Yes, it’s a good idea to use a lawyer for your initial application. The Social Security Administration (SSA) denies a large percentage of first-time applications. And, the major reason is incomplete medical records and insufficient documentation.

Further, if your claim is denied, you may have to wait a year for an appeals hearing. When a lawyer helps complete your application, your odds of being approved the first time are greatly increased.

A disability lawyer will make sure your application contains the information the SSA requires in order to approve your benefits. In addition, if your claim is denied, you will already have an advocate who is ready to fight for the benefits you deserve.

HOW WILL A DISABILITY LAWYER HELP IF MY CLAIM IS DENIED?

If your claim is denied, you are entitled to file an appeal with the SSA. However, this is a complicated process with strict deadlines and filing requirements.

You will achieve a more successful outcome when you use a skilled disability lawyer who knows how to navigate the complex appeals process. And, if your case is scheduled for a hearing, a disability lawyer knows what it takes to present a winning case. What’s more, a lawyer knows what questions a judge is most likely to ask and will prepare you accordingly.

Finally, if the SSA is disputing your claim, they are likely to have expert witnesses to defend the denial. Therefore, you need a lawyer who knows how to obtain and prepare witnesses whose testimony will best support your case.

CAN A DISABILITY LAWYER HELP ME DETERMINE WHICH BENEFITS TO APPLY FOR?

The Social Security disability program can be confusing to first-time applicants. Therefore, it’s a good idea to enlist the aid of a disability lawyer before you apply for benefits.

There are two basic types of disability benefits: Social Security disability (SSD) and Supplemental Security Income (SSI).

Social Security disability (SSD) is also known as Social Security Disability Insurance (SSDI) and Retirement, Survivors, and Disability Insurance (RSDI).

These benefits are for workers who have a long-term disabling injury or illness and meet the other criteria established by the SSA.

The second category is Supplemental Security Income (SSI), which is need-based. These benefits are provided to disabled children and adults with limited income who meet specific eligibility requirements.

WHAT SHOULD I LOOK FOR WHEN CHOOSING AN ATTORNEY FOR SOCIAL SECURITY DISABILITY?

Choosing the right Social Security lawyer can make the difference between a quick and successful resolution and a long-lasting headache. It’s a good idea to interview one or more attorneys before you decide which one to hire.

Here are some of the qualities to look for when choosing a lawyer:

• A specialization in Social Security disability law and a thorough understanding of the system
• A proven track record of success obtaining disability benefits for clients in similar situations
• Courtroom experience in case your claim proceeds to trial
• Compassion for the emotional and financial strain you and your family are experiencing as a result of your disability
• A contingency fee policy with no up-front advances or retainers

CAN I USE A NON-ATTORNEY REPRESENTATIVE INSTEAD OF A DISABILITY LAWYER?

There are definite advantages to choosing a disability lawyer over a representative or advocate who is not an attorney.

First, lawyers must graduate from an accredited law school and pass a rigorous state bar exam.

In addition, a lawyer is obligated to maintain attorney-client privilege, which means that all of your communication is strictly confidential. While non-lawyer representatives may maintain confidentiality, they are not legally bound to do so.

Furthermore, if your case proceeds to court, a seasoned lawyer will have the necessary trial experience to present a winning case.

And, if your case is appealed to a federal district court, a non-attorney advocate will not be able to represent you.

CAN A DISABILITY LAWYER HELP EXPEDITE MY CLAIM?

An attorney can help you receive your benefits more quickly in a couple of ways.

A lawyer will make sure your application includes all the necessary medical and employment records required by the SSA. This means the SSA is less likely to deny your claim or return it to you for additional information if needed. These situations can delay your claim for several months or longer.

Additionally, there are circumstances wherein the SSA will actually expedite disability claims through its Compassionate Allowances program. Veterans or those with certain medical conditions may qualify for this expedited processing. However, claimants must meet specific requirements and deadlines in order to qualify. Therefore, it’s best to consult a lawyer with extensive knowledge of the Social Security system to obtain the best result.

Further, a lawyer can help people in other special categories receive disability benefits. This includes those who have visual impairments but do not meet the SSA’s legal definition of blindness.

A skilled disability lawyer can also assist eligible widows, widowers and children who are disabled to obtain increased benefits.

LET AN EXPERIENCED SOCIAL SECURITY ATTORNEY START YOUR CASE TODAY

If you are applying for Social Security Disability benefits for the first time, or if your initial claim has been denied, we can help. Our experienced Social Security lawyers are familiar with the complex system of laws that determine which applicants are approved for disability benefits.

Social Security Disability law is complicated, but finding the right lawyer is simple.

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