Should I Hire an Attorney?

If you are turned down in a Social Security Disability or SSI application, it is a good idea to talk to an attorney. When you are turned down, it is usually for a reason, and often there is some evidence missing or inadequately presented regarding your claim. Attorneys who are experienced in this field know what evidence is necessary to prove your case, and how to get that evidence admitted.

To be eligible for Social Security Disability, you must show you are disabled. That means that a physical and/or mental impairment must keep you from working any regular, paying job. Your disability must last or be expected to last for at least 12 months, or be expected to result in death. You must show that you cannot do any kind of full-time work, taking into consideration your age, education and experience.

For each disabling illness, the Social Security Administration requires this evidence support certain findings in order to establish disability. Even with your doctor's help in giving a helpful statement, it is common that disability claims can be denied because the doctor doesn't use the magic language that the Social Security Administration needs to approve your claim. A good attorney knows exactly what is necessary to prove your claim.

The following documents are helpful when applying for Social Security Disability:

    * The Social Security number and proof of age for each person applying for benefits. This includes your spouse and children, if they are applying for benefits.

    * Names, addresses, and phone numbers of doctors, hospitals, clinics, and institutions that treated you and dates of treatment.

    * Names of all medications you are taking.

    * Medical records from your doctors, therapists, hospitals, clinics and caseworkers.

    * A summary of where you worked in the past fifteen years and the kind of work you did.

    * A copy of your W-2 (wage and tax statement) or if you are self employed, your federal tax return for the past year.

    * Dates of prior marriages if your spouse is applying.

Because some medical conditions are complex, it may be necessary to have certain medical tests performed in order to have all the evidence needed to support your claim.  A good lawyer knows what tests are necessary for the particular problem you have and can help you get these needed tests, often using Social Security's own doctors.

These are just a few of the reasons it is a good idea to talk to a lawyer even before you file your claim, or if you are still working but have serious health problems. A good lawyer will give you solid advice about how to keep your job; where to go to enhance your existing skills, develop new skills or improve your health so that a disability claim can be delayed or avoided.  Sometimes a brief delay can help to     preserve existing health care coverage.

Any difficult undertaking requires planning, and your claim for benefits is no different.  Such an approach can help to avoid a long delay between the date you file for benefits and the date you receive your first check.  Generally, you do not have to exhaust your savings before applying for beneifts. You may apply for benefits while you are receiving Workers Compensation payments.  Simple planning can make the difference between financial survival and bankruptcy.

Mistakes are often made by claimants in the initial application stage that cannot be "fixed" by even the most experienced Social Security Disability attorney. A qualified Social Security attorney can work with you, your doctors, and your past employers to present the most complete information possible about you and your disability.

Sometimes it is necessary to have a hearing to get all your evidence before the Social Security Administration.  While an administrative law judge will run the hearing, it is critical that you have legal representation at such a hearing. The judge will make an independent decision based on the evidence in your case. This evidence includes medical records, other documents and testimony given at the hearing.  A lawyer is a specialist at making sure that your evidence gets before the judge at such a hearing.

The judge will question you about your disability. You will testify under oath about your disability, medical history, physical and mental abilities, education and training, work experience and your daily activities.  You may also bring relatives or friends to the hearing as witnesses. Good witnesses are persons who see you regularly and see how your medical condition affects you.  The best witnesses are usually not friends or relatives, but people who know you, such as a neighbor or former boss. Witnesses should tell the judge about the activities that you are unable to do.  The hearing is private and is held in a small conference room. The only people at the hearing will be the judge, the judge's assistant, you, your lawyer or representative and any witnesses.

The judge will usually also ask a vocational expert to testify and sometimes also ask a medical advisor to testify. The vocational expert may offer suggestions of other jobs you are able to perform.  Your lawyer will know how to respond to the vocational experts testimony to protect your claim.  This hearing is always tape recorded.  If you win at the hearing, you will receive benefits retroactively depending on the date the judge says you became disabled.  If you lose at the hearing, you may appeal to Social Security's Appeals Council.

The Appeals Council generally will not consider new evidence about your disability for the period of time after the hearing decision.  If you are denied benefits by the Appeals Council, you may appeal one last time to the United States District Court for your area, seeking review of Social Security's final decision. The District Court is only permitted to review your medical evidence and a written transcript of the hearing. No additional evidence will be allowed. Your lawyer and the Government's lawyer file legal briefs arguing each side, and the District Court issues another written decision. In many federal courts, you never appear in court in person.

As you can see, it is very important to be fully prepared, and have all possible medical evidence ready when you appear at your first hearing before the administrative law judge.

While it is not required to be represented by an attorney, most claimants do have an attorney at least by the time of the hearing. The Government's own figures show that benefits are awarded far more frequently to claimants with attorneys than those claimants who choose to handle their claims without the assistance of an attorney.

While more informal than a civil court hearing, the hearing before an administrative law judge is, nevertheless, a legal proceeding. An attorney experienced in Social Security Disability claims can assist you in various ways at the hearing level, thereby, maximizing the chances of your being awarded disability benefits:

An attorney can help you with:

    * Gathering medical and other evidence.

    * Analyzing your case under Social Security regulations.

    * Contacting your doctor and explaining Social Security regulations to obtain a report consistent with the regulations.

    * Referring you to specialists for further medical reports in answer to questions raised by the Social Security Administration.

    * Sending you to a vocational expert for a report on your ability to work.

    * Suggesting that the Social Security Administration send you to a doctor for a consultative examination.

    * Obtaining documents from your Social Security file.

    * Reviewing actions taken by the Social Security Administration.

    * Asking that a prior application for benefits be reopened to obtain more retroactive benefits for you.

    * Seeking waiver of a time limit.

    * Requesting subpoenas to assure the appearance of crucial witnesses at your hearing.

    * Presenting a closing argument at your hearing.

    * If you win, making sure that Social Security Administration is paying you the appropriate amount of benefits.

    * If you lose, requesting an appeal of your case to the Appeals Council.

    * If necessary, representing you in a federal court review of your case.

If you are presently receiving benefits, Social Security may review your case at some point in the future to see if your medical condition has improved and, as a result, are able to work. If Social Security Administration reviews your case, and you are still disabled, you need to get medical evidence from your doctor which shows that your condition has stayed the same or has worsened.

If Social Security decides to terminate your benefits, you can appeal the decision. You will have 60 days to make a written request for an appeal. However, if you make a request for an appeal within 10 days, you will continue to receive your benefits until you have a hearing and the administrative law judge has made a decision on your case. If you receive an unfavorable notice, you must appeal immediately. If you lose the appeal you may be asked to pay back benefits as an overpayment.

IMPORTANT NOTE: The legal and medical questions involved in stopping your benefits can actually be more complicated than when you first applied for benefits. If Social Security sends you a letter telling you that they are stopping your checks, it is a good idea to contact a Social Security Disability attorney immediately.

How Much Will it Cost

One good thing about a Social Security claim is that hiring an attorney can be fairly painless, since fees are paid at the end of the case, and then only if the attorney has been successful.

You will not have to pay any money to sit down and talk to us about a Social Security claim, or to call and talk to us, or to ask questions by email.

In most cases involving past due benefits, Social Security limits the fee we may charge to approximately 25% of your past due benefits as the fee plus our expenses.  Social Security also places a cap on the amount of attorney fees a lawyer.

If you are disabled and believe that you are entitled to Social Security Disability Benefits or if your Social Security Benefits have been stopped, you need to contact Attorney Freeman at (205) 323-3030 for a free, no obligation consultation.