Do you need a lawyer at your Social Security disability hearing? Let me tell you why you do (though you are not required to have one):
1 By the time you get to a hearing your case has already been denied TWICE: once at the application level, again at Reconsideration. This is your third and best chance.
2 Social Security will have its own experts at the hearing: a vocational expert and an Administrative Law Judge. They may also bring in a doctor or "medical expert" to testify. You should not be the only non-expert in the room. What a disadvantage.
3. The odds are stacked against you most of the time. On average, fewer than 50 percent of claimants will prevail at a hearing. Government studies show that claimants with lawyers are 3X more likely to be approved than those who are not represented. (Source: Government Accountability Office Study, 2017).
4. A knowledge of Social Security law and regulations are necessary at the hearing. Few, if any, claimants have that knowledge. You are not expected to; however, not knowing the law can hurt you and cause you to lose your case.
5. It's very difficult to prepare for a Social Security hearing without professional help. How do you meet your burden of proof? What kind of evidence is required? What can you say? What should you never say? How do you deal with adverse testimony from the vocational witness or medical witness? What is the judge offers you less than a fully favorable decision: do you take it or reject it? There are a dozen technical questions that may come up at a hearing that you will need a lawyer for professional advice and guidance. If you go alone you are on your own.
6. Judges often hesitate to hear a case when no lawyer is present. They understand that the claimant is at a disadvantage. Typically, the judge will offer to postpone the hearing, giving the claimant time to find a lawyer. This will delay your hearing by around 3 months or more.
But a lawyer can get 25 percent of my back pay. I'll save money by going it alone.
You only save money if you WIN. If you lose you have lost the whole shebang.
A successful case will pay your lawyer a fee for his/her service. It may not be 25 percent of your total back pay, however. Social Security sets a limit on the amount of the fee. Right now, the limit is $9,200, no matter how much back pay you get. So the lawyer's fee is the smaller of 25 percent of back pay OR $9,200. For example, if you get $10,000 of back pay the fee can only be $2,500. If you receive $80,000 in back pay the fee cannot be more than $9,200 (which is less than 25%).
But if you go it alone and lose your case--neither you or the lawyer gets paid a cent. 75 percent is a lot better than 100% of nothing.
I often have clients say to me after a hearing: "Wow. That was nothing like I thought it would be. I'm so glad you were along to help me; I would've been lost." Or something to that effect.
Keep this in mind: if you lose at your hearing, you may never get another hearing. So, it may be a once in a lifetime chance. It's not like you can come back and do it over.
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