If you become disabled, you may need the assistance of a disability lawyer to file for Social Security Disability benefits or appeal a denial. However, locating a person you are comfortable with can be challenging.
You need to find potential candidates you can hire, meet several, and speak with them to find the perfect match for you.
This post will discuss how to find a Social Security disability attorney and how to pick the best one to help with your claim.
What Does a Social Security Disability Attorney Do?
Social Security disability attorneys can help you at any stage of the application process. The benefits of hiring an attorney include the following:
They help in gathering evidence
The Social Security Administration (SSA) usually denies applications of those who fail to provide sufficient proof of their disability.
According to the SSA, a person is considered disabled and qualified for benefits if their health problems hinder them from performing any “substantial gainful activity” for more than a year or if doctors anticipate that the impairment will lead to death.
The SSA will reject your claim if you fail to prove these requirements sufficiently. A knowledgeable disability attorney will know the types of documents and proof you need to file a successful application.
Your attorney can advise you on the vital evidence lacking from your file or suggest additional documentation that might strengthen your case. Such guidance and insights can help you save time and increase your chances of approval for benefits.
Build a strong disability claim
A disability attorney can also assist you in compiling the necessary proof and presenting your case most compellingly. They can identify and justify discrepancies in your claim that could lead an SSA claims examiner to dismiss it.
Furthermore, a skilled attorney can better understand how your disability meets the federal criteria by using precise wording and particular terms the SSA itself uses.
For candidates with a disability not listed on the SSA’s “Blue Book,” this insider knowledge is essential. A qualified Social Security disability attorney can demonstrate that your disability affects your ability to work in a manner comparable in severity to those mentioned in the Blue Book.
Help you appeal a denial
A knowledgeable social security disability attorney can assist you in the appeals process if the SSA dismisses your claim.
About half of all disability applicants are awarded disability benefits on appeal. Yet, polls conducted by the SSA indicate that hiring a disability attorney can increase your chances of approval by up to three times.
There are four stages at the appeals– reconsideration, hearing by the administrative law judge (ALJ), appeals council, and federal court. Legal representation can be crucial in all four phases.
How to Find a Social Security Disability Attorney
Locating experienced attorneys that can manage your case is the first step to receiving legal assistance with your Social Security disability claim. If you are wondering how to find a Social Security disability attorney, here are some resources you can use.
Ask a lawyer to refer you to a disability expert
If you have worked with an attorney before, you could ask them to recommend another lawyer specializing in Social Security disability law.
Lawyers are generally cautious when recommending other attorneys because doing so could damage the reputation of both if you have a negative experience with the referred attorney.
Ask family and friends for referrals
Your acquaintance may have worked with a disability attorney without your knowledge. A friend or family member could have met a disability attorney through a work relationship or friendship.
You would feel more comfortable working with that attorney if they refer someone they trust.
Check your local Bar Association’s directory
Every state in the U.S has a Bar Association, a group of professionals in the legal field. The Bar Association offers assistance and support to attorneys and those needing legal representation.
Often, you can look for attorneys by their fields of expertise on the Bar Association’s website.
Remember that the referred attorneys are Bar Association members and that most recommendations are not based on personal knowledge of the attorney’s qualifications.
Use free directories
Directories are a great resource if you wonder how to find a Social Security disability attorney. Avvo.com and Lawyers.com are some of the websites that offer free legal directories.
These directories provide comprehensive information about lawyers and let you filter by location and legal specialty. For more information, visit the “find a lawyer” sections of lawyers.com or avvo.com.
Ask someone who has been through the disability process
You could meet other disabled people during your therapy sessions at hospitals, physical rehabilitation centers, and other service locations.
You may ask those you meet whether they have undergone the disability process to learn about their experience working with a specific attorney, law firm, or disability advocate.
You can find helpful, factual information by asking:
- Did the lawyer do a good job of clarifying and answering your queries?
- If you left a message, did they respond to you on time?
- Did the lawyer meet the deadlines and their contractual obligations to you?
Choosing Your Disability Lawyer or Representative
Once you identify some attorneys who can assist with your claim, you should speak with each of them before selecting one. Schedule appointments to meet them in advance.
In most cases, representatives are willing to communicate on the phone for free to discuss your claim and determine whether to take your case. But consider speaking with staff personnel first, who will inquire about your qualification for benefits.
Ask whether the attorney has experience dealing with Social Security disability claims and cases like yours. You should seek the following qualities in a Social Security disability attorney.
- You should be comfortable talking to the person. Be open and honest with the attorney. Reviewing your medical background and any physical or mental health issues is necessary. Even though discussing your disability can be challenging, your representative must know all the details.
- You should not feel judged for things you have done or not done. You might inadvertently withhold information if you sense the representative is judgmental. Remember, your attorney must have all the information required to adequately prepare your case and increase your chances of success in your disability claim.
- The representative should make you feel heard and understood. If you feel rushed or your case is not a priority to the representative, they might not be suitable for you (some law firms even set a time limit on your no-obligation consultation).
- You ought to have confidence in the representation. Ensure you get along well with your chosen lawyer because they will be crucial to your Social Security disability case.
Things to Look Out for When Getting Legal Representation
Generally, you are not compelled to hire a lawyer to advocate for you in your Social Security disability case. But statistics suggest that those who do so are three times more likely to have their claims approved for benefits, especially at the hearing level. If you decide to get legal counsel, there are a few things to consider.
Professionalism and courtesy
When you contact a prospective lawyer, please pay close attention to their level of professionalism and how they treat you. Disability law firms are constantly busy, but you should still get prompt responses and have the opportunity to make inquiries.
Attorney access
Do not be disappointed if you cannot speak with the lawyer the first time you call or are redirected to a staff member for assistance.
Most competent disability lawyers spend most of their time at hearings and depend on their subordinates to answer phone calls.
Still, a reputable firm will let you schedule a free legal consultation. But remember that the law firm may occasionally shorten these meetings due to a lawyer’s time constraints.
Promises of results
It is unprofessional and unfair for a lawyer to guarantee to get you approved for benefits. A competent lawyer will evaluate your case honestly after carefully reviewing the facts.
They will also acknowledge that they are unlikely to get you approved faster than you would alone. Below is a sample question to ask and a sample response a good lawyer should give you:
- Will my Social Security disability claim be approved? I cannot promise that you will succeed. But I can identify the strengths and weaknesses in your case and find ways to increase your chances of approval.
- Can you get me approved for benefits faster? I certainly cannot speed up your Social Security disability application process. But I, and my subordinates can ensure we meet the deadlines and submit the required documents on time.
Approval rates
Ask a prospective lawyer or staff member about the law firm’s approval rate. These are some inquiries to make:
- What is your average approval rate?
- What percentage of your claims are approved at the hearings stage?
- How many of your successful cases get full benefits?
- How many of your successful claims result in partial benefits?
A good law firm should not have a problem sharing its statistics.
Attorney credentials
A Social Security disability attorney does not need to be licensed to represent applicants at the hearing level. In fact, an applicant’s advocate does not even need to be a lawyer.
A qualified attorney, however, can be more knowledgeable about Social Security laws. That is because lawyers are specially trained to interpret statutes and legal precedents. Besides, your attorney must be licensed to practice in federal court if your claim goes to the appeal level.
Here are some more inquiries you might make to learn more about the lawyer’s qualifications.
- How long have you been working in the field of disability law?
- Do you have a license in the states where you work?
- How many cases do you process annually?
- Do you occasionally receive advanced training?
- How long have you been working in this region?
The last question could seem odd. But it is necessary to ask because a disability lawyer who has worked in your town knows the ALJ who will hear your case.
ALJs approach decisions in a certain way. Moreover, some ALJs have biases in favor of or against particular case types. A skilled lawyer will know how to tweak their arguments to appeal to the ALJ appointed to hear your case.
Children’s cases
Adult and child disability cases are not handled the same. Not all disability law firms accept children’s claims, and even those that do may lack sufficient experience.
Ensure the firm you work with has mastery of issues about childhood disability if you are claiming on behalf of a child. Ask about the lawyer’s success rate in cases involving childhood disability.
Remarkable knowledge of your condition
Some disability claims could be harder to win due to the medical history on which they are based. That is especially true if the applicant uses drugs or has a mental health disorder. Ask the lawyer about their strategy for these cases and their success rate if this applies to you.
What Are the Chances of Winning with a Disability Attorney?
Without a lawyer, your prospects of collecting disability benefits are lower. Still, the odds of winning depend on your particular situation, your proof of disability, your jurisdiction, and the ALJ.
The average approval rate without an attorney is around 32%. The odds of approval drop to roughly 15% at the appeals level. But for those with a disability attorney, their chances of approval increase to approximately 62% countrywide.
According to a case study by the Federal Government Accountability Office, applicants who retained a disability lawyer had a nearly threefold higher chance of success.
Note: Annual statistics on the Social Security Disability programs are available on the SSA website.
What Is the Most a Disability Attorney Can Charge?
You might be worried about the cost of hiring an attorney to assist you during the Social Security disability claims process.
Social Security disability lawyers law handle claims on a contingency fee basis. That means that unless your application is approved and you receive disability payments, your advocate or attorney will not be compensated.
Typically, a disability lawyer will receive 25% of your back pay, up to a maximum of $7,200 (as of 2022). Back pay is the sum of your monthly payments from when the SSA determined you first became disabled and were eligible for benefits.
Find A Social Security Disability Attorney Today
The decision to hire or not hire a Social Security disability attorney is entirely up to you. But remember that working with a disability attorney makes the claims process smoother, especially if the initial application is denied and you must appeal.
Fortunately, Legal Giant makes how to a Social Security disability attorney easier for you. The process does not have to be stressful, as we can link you with one of the best disability lawyers near you.
Our partner disability attorneys will help gather the evidence to support your claim, file your application, and defend you to get the disability benefits you need. They will also diligently represent you at the appeals level if the SSA denies your initial application.
Contact us at (855) 740-5024 for a free case evaluation today.
