Good Social Security Disability attorney and law firms manage cases but there are similarities with all disability companies in how attorneys develop and handle cases in preparation for a disability hearing.
What Happens After You Call a Disability Lawyer?
Either the lawyer or a company staff member will conduct an initial interview with you to collect the details of the case. These facts are utilized to help find out whether your situation will be taken by the lawyer. Telephone calls usually involve interviews.
Staff members are trained to identify cases that have a high probability of succeeding. The document to generate a determination is usually reviewed by the attorney. If your case has little probability of winning on appeal, the lawyer may not represent you.
How Will Your Healthcare Evidence Be Developed by your Attorney?
When you first hire your lawyer, you’ll have to sign a privacy release which enables your attorney access to your documents. The disability attorney will pay for the costs until your case ends. Once it ends, you’ll be billed for the cost of documents and filing fees.
Your lawyer will choose which doctors to request supportive statements in your work limits, which medical records should be submitted to the administrative law judge, and, above all, what to do with the evidence that could damage your case.
Your attorney will ask for medical records to win your claim and submit an application to the Social Security Administration (SSA) before your hearing.
Since Social Security enumerates the documents and records it needs, the lawyer will examine your records to ascertain whether you need to undergo testing. The attorney will ask the SSA to program a consultative examination (CE) or request that you undergo compulsory testing yourself.
How Long does it Require an Attorney to Obtain Your Benefits?
The procedure can take as little as 1 month, but it depends on the complexity of your situation. The case needs to be rendered a decision once you apply for disability. If you are denied, you have the right to appeal.
Can a Case Be Sped Up?
There are several benefits of having a lawyer represent you during the Social Security Disability application and the appeals process. There are numerous ways with which a disability lawyer can hasten the procedure. Even though there is no fast-track lane even for applicants represented by an attorney, lawyers know a couple of things which may expedite the determination of your claim.
Working with a Social Security Disability Attorney During Appeal
The first phase of the appeal process is called the Request for Reconsideration stage. Your lawyer will very likely describe that over 20% of appeals are approved during this phase.
If you attend your Social Security Disability hearing you’ll be before an Administrative Law Judge. Applicants must have legal representation. This is your best chance of proving and winning your claim. Virtually two-thirds of appeals are won in the disability hearing. With that said, consider having a lawyer in this stage to greatly increase your chances in obtaining your benefits. If your benefits are approved, you will receive an award letter.
Social Security Disability Attorney Fees
The Social Security Administration and Congress regulate the fee for representation on a social security disability or SSI disability case. As to concerns regarding attorney’s fees, there’s absolutely no discussion.
All Social Security disability representatives and disability attorneys have the right to receive 25% of a claimants’ back pay should their case prevail.
But there is maximum amount they can charge. The maximum is $6000.00
You will be requested to sign a SSA-1696 form which will designate the person you selected as a representative. You’ll also be asked to sign a fee arrangement along with medical release forms.
The representation fee is only paid if a case is won. This usually means that there’s no problem in affordability when it comes to representation. There are no expenses, as the fee is paid after a case was won.
Are there any other expenses which may be billed by a social security attorney? Yes, apart from the authentic representation fee, lawyers and agents can bill for a large array of “incidental expenses,” even postage for mailing files. Most costs are for reimbursement purposes for the expenses the lawyer incurred in the application process.
What’s Will Your Attorney Do With Terrible Proof?
It is not unusual for records to include information that’s unhelpful and bad for your situation. Social Security rules and regulations require disability attorneys to submit all relevant evidence.
Luckily, a seasoned disability attorney is trained to handle bad evidence. If your documents contain opinions by a doctor or other medical provider that don’t support your claim for disability, your attorney will ask you questions geared toward restricting the importance of and/or eroding the truth of the doctor’s statement. Your lawyer can ask you whether you sought another opinion, and how long you’d been a patient of this doctor, and whether the physician was an expert in your condition.
Another circumstance where contradictory statements may appear is when there is a gap between what you mentioned on your program or at your hearing and what you wrote on your ADL (activities of daily living) report. It is important that you report truthfully because Social Security checks applicants’ function reports, evaluating just what they’re capable of accomplishing. Therefore, if your work report does not reflect your disability, you ought to speak to an attorney. In certain scenarios, a disability lawyer will want to present a medical or vocational expert witness to your own hearing to explain the limitations of your ADL and that you cannot perform any work at all.
If your records include statements about alcohol or drug misuse, it’ll be important for the attorney to explain to the ALJ what you’re going to handle your addiction. Be truthful. If you and your disability attorney try to mislead the ALJ, both your disability and you attorney’s authenticity will be ruined if you’re caught.