Key Takeaways:
- Hiring an attorney early can strengthen your claim by reducing the errors and evidence gaps that commonly lead to denials.
- Legal help is essential after a denial, as an attorney can guide you through each stage of the appeals process, from “reconsideration” to a hearing before an administrative law judge and beyond.
- Social Security Disability (SSD) attorneys work on a “contingency” basis, so there are no retainers or hourly bills, and your attorney is paid only if you receive benefits.
- Your attorney’s role changes as your case progresses, from building your initial application to addressing the reasons for denial and presenting stronger evidence on appeal.
The Social Security Administration (SSA) is known for taking a hard line against initial disability claims. They deny more than 60% of initial filings. Hiring a Social Security disability attorney can give you a better chance of success, both at the initial stage of your claim and if you need to file an appeal.
When to Hire an SSD Attorney
You should strongly consider hiring an SSD attorney at the outset of your case to help you file the initial claim. Given how difficult the SSA is known to be, you are facing an uphill battle from the earliest stage of your disability case. You should certainly hire an SSD attorney if your initial claim is denied because you will need to fight your way through the appeals process. The SSA has its own attorneys who are defending the agency’s decision, so you need an attorney who can advocate for your side.
How Disability Attorneys Get Paid (No Fee Unless You Win)
You may be worried about where you will get the money to hire an SSD attorney when your funds are already tight. The good news is that the way the legal system is structured encourages you to hire an attorney and certainly does not make it difficult. You do not have to fear needing to make a retainer payment to an attorney or having to write checks for their time on an hourly basis.
An SSD attorney is paid on a “contingency” basis. If you are not paid, neither is your attorney. Your attorney would receive a percentage of your recovery only if you receive one. Once they take your case, they promise that they will do all the work necessary to see it to the end.
What an SSD Attorney Actually Does
The work that an SSD attorney performs depends on the stage of your claim. For your initial claim, they may do the following:
- Evaluate your eligibility under Social Security’s medical and work-history requirements before you apply
- Gather strong medical evidence, including records and supporting statements from your doctors
- Complete the application accurately, avoiding errors and omissions that commonly lead to denials
- Describe your limitations effectively, connecting your condition to your inability to work
- Meet every deadline and respond promptly to requests from Social Security
- Prepare for appeal if your initial claim is denied
If you have to file an appeal, your attorney takes on a different role. They review the reasons why your initial claim has been denied. At that point, they may work with your medical providers to obtain stronger evidence of your disability that addresses SSA’s concerns.
Your attorney will advocate for you throughout the appeal process. They can file a request for “reconsideration” with SSA itself. If that is denied, your attorney files an appeal with an administrative law judge. Here, your attorney both presents the medical evidence in your favor and attempts to show why the initial denial of your claim was incorrect. If that appeal is denied, your SSD attorney takes your case into the federal court system.
Do You Need an Attorney for an SSD Claim?
You are certainly able to file a claim on your own and even pursue an appeal without an attorney. The question is whether it makes the most sense to do so. Given the likelihood that the SSA could deny your initial claim, you should even consider hiring an attorney to help you prepare your initial filing. You certainly can improve your chances of winning an appeal by getting legal help.
Having Issues With Your Social Security Disability Claim? Our Experienced Sacramento Social Security Disability Attorneys at Walters & Zinn, Attorneys at Law Can Present Your Strongest Case to Get the Benefits You Deserve
Our Sacramento Social Security disability attorneys at Walters & Zinn, Attorneys at Law can help you with both your initial claim and an appeal. To schedule a free consultation, call us today at 916-610-4706 or submit our online form. With office locations in Folsom and Fairfield, California, we proudly serve clients in the surrounding areas.