[kryvan]

My SSD claim was denied and I would like to know if anyone has tips on how to find a decent lawyer. I was going to go with Binder and Binder but then i read about all the nightmares people had with them. I really need a decent attorney.....not someone who's just trying to line their pockets. I've been surfing the web for hours now and am at my wits end. If anyone has any suggestions....they would be greatly appreciated.

[jana]

What state?

[Hoosier_Daddy]

I hired Allsup. Basically all I had to do was call their 800 number with med and doctor updates and they did the rest. They inform you ever so often of what the ststus is on in your case. My attorney was on the ball during my hearing in front of the ALJ. I believe they have something like a 94% sucess rate.

[Janke]

A decent lawyer? Your definition is someone who doesn't want to "line their pockets"? Someone who will work for free? Is that what you meant? Free advice, like what you get on anonymous web sites like this, are often worth what you paid - nothing.

Lawyer fees are determined by Social Security law and the contract you sign with the lawyer. The law allows the attorney to charge 25% the amount of retroactive benefits with a maximum charge, currently, of $6000. So, if your retroactive benefits are $1000 because your claim was approved almost immediately, the lawyer gets $250. If your retroactive benefits are 2 years worth totalling $24,000, the lawyer gets $6000. If your two years of SSDI benefits are only $1000 because of a worker's comp offset, your lawyer gets $250. If your claim is never approved, your lawyer gets zero. Your lawyer is taking a chance that he/she is working for nothing.

Interview a firm like you would interview a contractor to do repairs on your home. Do you want to be in control of how the case proceeds? Do you want them to tell you everything they are doing? There is a lot of waiting time in SSA. SSA denies more claims at the initial level than it approves. Your lawyer can do nothing to change the atmosphere at SSA; can't make them work faster for you. A lawyer is probably most helpful at the hearing level, but hearings are often one to two years after the claim is filed. And although the lawyer can request expedited decisions, the lawyer cannot make it happen.

No lawyer can guarantee an approval. Any lawyer who gives you a guarantee is a liar. Some lawyers who claim to have high approval rates may not be accepting marginal cases. Too much work; too hard to prove. If you have a marginal case, is your lawyer willing to take your case to District Court (above SSA) if necessary? That can be years and years and years away.

Or you could be approved in three months.

[legalmania]

Now the courts IMO are kinda leaning toward you having an attorney. They know with an attorney all the proper paper work will be filled out and they can argue legally. When you have somebody who's pro bono the judge has to do more work. They have an obligation to help people who don't have the knowledge of a professional. Of course, they are also helping their fellow members make money.

[Christian]

Originally Posted by Hoosier_Daddy

I hired Allsup. Basically all I had to do was call their 800 number with med and doctor updates and they did the rest. They inform you ever so often of what the ststus is on in your case. My attorney was on the ball during my hearing in front of the ALJ. I believe they have something like a 94% sucess rate.

Sorry, but the national average for approval at the hearing level is only 60.8%(2007). Nobody gets clients approved at or above that level, nobody! Thats the first thing the OP should be looking for in hunting for a decent attorney, someone who honestly explains the hurdles ahead of them.
As to the OP seeking out an attorney who isn't concerned with lining his/her pockets, how exactly is it that you think they get paid? If you don't get paid, they don't get paid!

Here's some far more valuable advice that I should be charging you for, get all of your medical records and MEMORIZE them to the letter, all of them right up to the day you enter that ALJ hearing!
Many of these national SSD firms are what are euphemistically referred to in Las Vegas as "grind joints!" That means that they carry as large of a client case load as is possible, look at it as though their throwing darts at a target, sooner or later they'll hit a bullseye.

I asked my first attorney if their was anything in my file that hurt my case and she responded "no!" It was fifteen minutes later, in front of the ALJ that I deduced that she had never even read the file! It's EXTREMELY common for claimants to assume that once they've contracted the attorney that things will be handled for them, you will likely lose if you make this terrible mistake, as I did.

[cferro514]

I would suggest you hire a local attorney, who knows the ALJ's in your area.
You can get info from an organization of SSDI attorney's called the NOSSCR. They have a site.

[SSDIHelp]

Originally Posted by kryvan

My SSD claim was denied and I would like to know if anyone has tips on how to find a decent lawyer. I was going to go with Binder and Binder but then i read about all the nightmares people had with them. I really need a decent attorney.....not someone who's just trying to line their pockets. I've been surfing the web for hours now and am at my wits end. If anyone has any suggestions....they would be greatly appreciated.

You can also hire a claim representatives. It's a personal opinion that they care more about you as a person than a lawyer does. But that would depend on the lawyer there's a web site with claims representatives called NADR.org which lists lawyers and claims representatives who are usually ex-SSA workers.
Be sure to interview whomever you choose on their experience , sucess ratios and their approach to representing you. I like the poster who said her layer wasn't even familiar with her file. It would be a good question to ask how they [a lawyer or representative] familirizes themselves with a case.

[Hoosier_Daddy]

Allsup obtains favorable decisions for 92 percent of claimants we represent at the hearing level and who complete the process with us.

This came directly from Allsup's website. Now they may not be right for everyone but I will tell you this my representative answered everything they thru in front of him. He went to his little disc player and pulled up everything in my file within seconds. Any question the judge had or the doctors had he answered them all and did a fantastic job. The only complain I had was I did not get to meet him until 15 minutes before my hearing. However he called me several times and told me how to act what to wear ,etc. I know I won because of his actions.

[Allsup]

Finding the right SSDI representative is difficult, so don’t be afraid to ask all the questions you need to in order to feel comfortable. You have the option of both non-attorney and attorney representatives. One important question is to ask about their award rates. Also, find out if they try to avoid hearings by filing for on-the-record decisions, which means the judge can look at your medical records and make a decision to award your SSDI benefits without attending a hearing.

Consider asking some other questions -- Will you fill out the paperwork for me? How will I know if you are meeting the deadlines and working on my case? Will you contact my doctors and get updated medical records? Will you charge me extra for getting copies of my medical records? How can I reach you if I have a question? If you haven’t applied yet, find out if they will help you with your application. Some representatives will take you at any step in the SSDI process, which can make it easier. Keep in mind, that by the time you reach the hearing level—that’s when about 90 percent of people already have a representative.

Regards,
Rebecca Ray