If you've been researching the Social Security Disability process, you know by now that it is a lot more complicated than just telling the office that you can't go back to your current job. Social Security law is comprised of hundreds of regulations, rulings and cases interpreting them. There are not a lot of lawyers that practice in this area compared to other areas of the law because?well, it's a pain in the neck.
Social Security Disability law is complicated, the legal fees are generally low and the cases take a long time to complete. Most of us that do practice in the area do so because, despite the headaches, it's important. Most of clients have nowhere else to turn. Their disability has turned their life upside down and they are on the verge of losing everything'or already have. If you are disabled, you are entitled to the benefits we are fighting for. It's your money!
So, if you've made the decision to hire a social security disability lawyer, what should you look for? By far, the most important thing is experience. You don't want a lawyer who "dabbles" in Social Security Disability law. It should be a major part of his or her practice.
You should also be familiar with the medical condition that results in your disability, or willing to become familiar. How can he advocate your position to the judge if he does not understand it himself? Last, he should be willing to take your case on a contingent fee basis. A contingent fee means that he does not get paid unless he wins. The standard Social Security Disability lawyer fee is 25% of the back benefits, but cannot be greater than $5,300.00.
It does not matter where your SSDI lawyer or SSI disability lawyer is located. If he is a lawyer in any state, he can practice in front of any Social Security Law judge. This is even less important than it used to be as an increasing number of hearings occur by video conference and the judge may be hundreds of miles away at the time.
Here are some sample questions you might ask when communicating with a prospective lawyer's office:
1. How many disability hearings has the lawyer conducted?
Answer: The answer should be several hundred, at least.
2. I'm suffering from (insert your condition). Does your firm have experience with this type of medical impairment?
Answer: The answer should, of course, be "yes."
3. I understand that the lawyer will often not be available. Will I have one individual assigned to my case that I can ask questions when necessary?
Answer: This is an important issue. If your lawyer has the experience you want, he or she is often out of the office. You should expect that he will assign a particular paralegal or case manager that he oversees to respond to general questions or issues in your case. This person typically will gather new information regarding your medical treatment. A skilled paralegal is a great benefit to both the lawyer and the client.
4. Will the lawyer be at my hearing?
Answer: This may seem like a silly question, but its not. Some companies hold themselves out as Social Security advocates but are not really lawyers. This seems ridiculous, but it is true and it is legal under social security law. In other cases, some law firms will not attend hearings because they deem them to be too much trouble. They will ask the judge to make a decision based upon the written record. Again, this is legal but I think it is a terrible disservice to the client. For heaven's sake, you are paying legal fees, you deserve a real lawyer and unless there is some extraordinary circumstance, you deserve to have your case heard by the judge.
Your choice of legal representation should be well thought out and checked because you will be entrusting this person with very important matters. When the person is a disability lawyer, this trust must be even higher owing the seriousness of what they re trying to achieve. Any case that is brought before the court which may involve large organizations will need to have someone specially trained; this is especially true when it comes to dealing with large organizations like the Social Services Administration and insurance firms; Another reason a disability lawyer should be your first choice is that a general attorney will not know all the loopholes and procedures in this particular area; general practice attorneys probably would not be up to the task and because of this they could lose the case.
If for some reason you are in the appeal process because benefits have been refused then a lawyer will be someone who will be able to guide you through without hesitation. Go online and research local and national companies if necessary, to find your lawyer, then follow the link to their website; you can check their case history and results to learn about your chances of a successful outcome if you use them to represent you. Look in particular for cases that resemble your own which should give you an idea of their capabilities; alternatively, you may have any friends that are able to recommend a reliable lawyer. Consider your recruitment of a suitable disability lawyer the same as choosing your physician; you really have to be comfortable with the one you select.
Your attorney should preferably have at least 5 years experience in the field of disability law; ideally they should have at least 3 of those years practicing in your particular state. So your disability lawyer should be specialized in the area of long term disability, disability insurance and social security law; they must also spend at least 75 percent of their time practicing in this area of law. You will also want someone who believes in communicating well with their clients and who will be upfront and honest about your chances of winning. The best thing at this initial stage is to interview about three attorneys which should be enough for you to choose one which you believe will be suitable.
If you do not feel happy doing this alone, take along a friend or relation to help you and write down information. It is quite usual for initial legal consultations to be fee free but that does not mean an attorney should be taken advantage of as their time is valuable too; so be prepared for the meeting in what you want to achieve.
It should go without saying that your disability lawyer is someone who has integrity and respect for you and your situation so there should be honesty to your relationship and the chances you have of winning your case; cases like this rely on the two parties telling each other the truth! The best of luck in your search and selection for an attorney that is suitable for you.
Both Matt Berry & Ray Lam are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Matt Berry has sinced written about articles on various topics from Legal Matters, Types of Cancer and Fibromyalgia. Matt Berry is a and disability consumer ad. Matt Berry's top article generates over 33100 views. to your Favourites.
Ray Lam has sinced written about articles on various topics from Family, Free Credit Report Score and Air Purifier Cleaners. Get protected and learn more about , a popular website that provides free. Ray Lam's top article generates over 246000 views. to your Favourites.