Should i get a lawyer?
 

Hi all I am looking for advice. i applied in august for disabilty based on my multiple sclerosis and am wondering if i should get a lawyer. i see commercials advertising law firm that specializes in disability law and am really worried that i might get turned down. what do you all think?

If it were me I would hire one. Most folks will get turned down the first time. The key is to appeal within 60 days I believe or you'll have to start over. A lawyer can do this for you and their fee is fixed from your retro pay if you win the case not if you lose.

any idea what the lawyer fee is? i hear it is set by law?

Before hiring a lawyer please check with your local DHS office or Social Security office and try to get information on representatives who will act as attorney representatives free of charge. Many lawyers are free unless you win...but I believe that if you are awarded they take 25% or thereabouts of your benefits thereafter. (Some of our other members who have worked with attorneys may be able to either confirm or deny this statement as I really don't know firsthand, just from what I am told by my coworkers and claimants)

If you do decide to hire a lawyer, please make sure you are well-informed about their policies for payment and such before you sign them on.

A lawyer (or other designated representative) can be extremely helpful if you don't win on your initial case, so they can represent you to the judge if you decide to appeal. They can also be useful if you are having trouble filling out forms at the front end of the application. I have worked with some wonderful representatives who were able to track down medical records that I wasn't able to get, or contact a claimant who I wasn't able to contact for whatever reason. Also, many claimants may be too intimidated or overwhelmed by the thought of contacting their disability examiner, and prefer to have a representative do all the talking for them.

If it gives you peace of mind, by all means obtain a representative. But do be aware that there are not-for-profit/free representatives out there. I wish I could offer information on how to contact them but luckily DHS and the Social Security office should have information regarding these organizations.

Good luck on your application and the disability process!

Try to find an attorney that does not charge a fee unless you win your case. There are quite a few that do this. My attorney collected 25% of my backpay. I applied in Sept of 09 and was not approved until March of this year so be patient. The average time before you get and answer is about 5 months. Mine was a little longer because my case was selected for review by the SSA's quality control review board(I don't remember the exact name)and that held it up for about a month.

Never use a lawyer for SSDI whi charges up front, most work on a contingency basis....they get paid only if you win.

Their fee is capped at 25% of your backpay up to (approximately, because it changes every year) $6000.

If you just applied in August, you might find that many disability lawyers won't accept you yet. Say you were due to get $1000 per month from SSDI. After only 4 months (Aug to Nov) their max fee would be $1000. I think many of the lawyers want to hold out for the $6000 cap.

Only you can decide whether paying a lawyer is reasonable for you.

After a few rejections, I did use a lawyer and finally was approved (after 3 years)

I did not know about the availibility of free assistance, as kallixenia recommended. To me, the best plan might be trying to get some free help now, as a lawyer might not take you on yet, and if you still not approved after a year or so, call a lawyer in.

Best of luck to you. I know how difficult the waiting game is.

There are non-profit legal organizations and legal aid groups, but they are few and far between and are very selective in the types of cases they choose to represent. I don't think you'll have much luck finding it.

The fee the lawyer can charge is set by SSA law. The fee agreement has to be approved and the lawyer cannot legally charge more than what SSA approves. They are allowed to charge you for money they expend on yoru behalf (photocopies, medical exams) but not for time or expertise. The amount in most fee agreements is 25% of retroactive benefits, not to exceed $6000 (currently).

Lawyers are in business so they do want to make money and some will not want to be bothered taking on a case at the initial level because the fee will not be high if the case is approved in a two or three months. There are a few that might be willing to give your case a little bit of attention at the initial level, but lawyers like to make deals with other lawyers which is really what is done when a denied case goes before an Administrative Law Judge. The process takes a long time, so the retroactive benefits keep adding up and the fee may hit the max $6000. Or, the ALJ may amend the date of onset; there may be significant Worker's Comp offset, or a number of other issues which would reduce the retroactive benefits and the attorney fee. But a rep could also put in two or three years of waiting for a decision and put in hours and hours of work by him and his staff, and end up with zero fee, work for nothing.

First thing to do is make sure you fully complete the disability report and don't assume that SSA will read between the lines or that SSA will beat the bushes looking for your medical records. Start a claim with being thorough and don't expect the records will speak for themselves. Just because you told your doctor something doesn't mean that it was wiritten down.

Hire a rep now, later, or never. Your decision. All are valid.

If you do hire an attorney, do not get the ones you see in those commercials. Find a local attorney that ONLY specializes in SS Disability. They can be found in your local Yellow Pages.

Check out all of them. Get the one you are most comfortable with. The initial consultation is FREE!


Good luck to ya! :hug:

I hired B & B and they did an outstanding job IMO.

So you have two opinions:

1. A big firm is good.
2. A small firm is good.

I bet we could get even more opinions:
1. A big firm is really bad
2. A small firm is really bad.

Maybe we could take a poll. But remember these are opinions. You know your own comfort level. You know if you like to shop at a small mom and pop store with more personal attention or a big box store and get no help until you get to the checkout. Both can deliver a good product. Both can be a bad deal.