Skip to main content

WHY A LAWYER FOR SOCIAL SECURITY DISABILITY?

WHY A LAWYER FOR SOCIAL SECURITY DISABILITY?

By Charles W. Forsythe @ The Forsythe Firm

If you are not required to have a lawyer to deal with Social Security disability, why get one?  Here are 10 reasons why most disability claimant's use lawyers.

1.    The process is tough.  Trying to get Social Security disability is complex, confusing and laden with dozens of technical rules and regulations.

2.  While Social Security personnel will give you forms and offer limited advice, they will actually not work for you to help get you approved.  The work is up to you or your lawyer, if you have one.

3.  Most claims get denied.  In the initial application process, which can take up to 12 months, around 75 percent of claims are denied.  Here's where the process gets even more complicated, as the case moves into appeals.

4.  You are almost 3 times more likely to be approved when using a lawyer or qualified professional representative, according to the US  Government Accountability Office (a division of the US Congress). *

4.    Most claims these days go before a federal Administrative Law Judge before being approved.  You don't want to go there without a lawyer.

6.  Approval for SSDI requires admissible evidence.  You have to track down medical evidence proving the severity of your medical or mental condition.  You have to show that the evidence satisfies the rules and regulations of the Social Security Administration. https://www.gao.gov/about/what-gao-does

7.      You need help dealing with Social Security's experts.  You will likely encounter a vocational expert, and in some cases--a medical expert--that you are not trained to deal with.

8.      You don't just want to be approved, you want past due benefits.  Some claimants have received $100,000 or more in "back pay." I had a client just last week who received past due benefits of over $62,000 in one lump.  We go after the maximum amount of money you are entitled to get.

9..  There is no financial risk in having a lawyer.  Under the rules of the 
Social Security Administration a lawyer cannot charge a fee unless your claim is approved AND back pay is recovered.  If you are not approved with back pay you never pay a fee.

10.  Having a lawyer takes a massive load of work off your shoulders.

* https://www.gao.gov/about/what-gao-does

__________________________

Charles W. Forsythe practices Social Security law (and nothing else) in several states, including Alabama, Tennessee, Mississippi, Kentucky and Texas.  He is headquartered in Huntsville, Alabama.  (256) 799-0297.

 

 

Comments

Post a Comment

Popular posts from this blog

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS .  All unfavorable Social Security decisions must be appealed within 60 days ....
Post a Comment
Read more

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...
Post a Comment
Read more