I have no concern about your 'Unsuccessful Work Attempt' comment. I may have not used those terms but I had commented that since had she tried to return to work and failed, that she should try applying for SSDI. I try to avoid too much 'in the know' jargon or abbreviations, at least early in the communication..

I had pointed her to the specific parts of the Blue Book with comments. Nolo uses generalities that make it hard to understand the specifics needed in an Application.

You said " Is your opinion that the OP should hire an attorney, but should be how far along into the process before she tries?" What is an OP ? It usually means Opposing Party but Opposing Party does not apply in SSDI issues. They are not supposed to be adversarial.

My point was that she already had enough time since injury/disability that an attorney could expect a maximum fee. She has a number of challenges that an attorney can help with beyond the disabling issues. Five years since injury and leaving the workforce to be a stay at home mom needs quality explanation. Those are legal issues to be addressed. I did not recommend an attorney at first because she needed to start the process and get the first denial.

I did point her to searching for an advocacy group. I know there is one online for her area but I have lost my bookmark. Their web pages often have attorneys and other advocates listed. I finally found it. http://www.headinjury.com/

Residual Functional Capacity forms are very difficult with an mTBI where the Applicant is fully ambulatory. The best is a good Neuro Psych Assessment. Often, the State Disability Determination Office will arrange for an abbreviated Neuro Psych Assessment or even an Occupation Psychological Assessment at no charge to the Applicant. This is usually requested at the Re-Application process.

Regarding getting an advocate to work for free through an advocacy agency, Nolo says "Even disability advocates who work for legal aid agencies almost always charge 25% of disability backpay for their services. "

I am not upset. I just thought you were making the process too complex with the way you were explaining things and your thought that attorneys would not take the case until they knew that they could get a full fee. Both attorneys and non-attorneys get the same fees.

btw, May I ask what your disability is?

My best to you.