Should I Hire a Social Security Disability Lawyer?
An experienced social security disability lawyer or advocate can be very helpful to you in many ways. Social security disability attorneys and advocates make sure that you have applied for all disability programs for which you may be eligible. They can gather the evidence to prove that an application was filed, thereby counting as a “protective filing” and preserving the claimant’s rights.
They can also determine if you are eligible to “reopen” old applications. In some cases, a prior application, even one filed three or four years earlier, can be reopened, thereby making you eligible for years of back benefits and thousands of dollars.
Lawyer’s and advocates can evaluate your case and suggest a strategy to win your case. After handling hundreds of cases, most attorneys and advocates have a fairly good perspective as to what cases are winnable and what cases are not, and what it takes to win a case. While an attorney’s opinion is not a determination of how your case will end up, he/she can offer you the benefit of experience. More importantly, if you decide to hire an attorney, he/she will make sure that your case file is up-to-date with all medical records. In addition, he/she will work with your doctors to “translate” your medical problems into work limitations so that Social Security can evaluate your claim properly.
If you choose to hire an attorney, most cases are handled on a “contingency” basis, meaning that the attorney is paid only if the case is won. An attorney’s fee is typically 25% of any past due benefits collected for you.
“No Fee Unless You Win” – How Social Security Lawyers Get Paid
You may be surprised to learn that in most cases, you will not need any up-front money to hire an experienced law firm to represent you in your Social Security disability case.
Social Security disability lawyers and advocates generally accept disability cases under a contingency fee contract. A “contingency fee” means that there is no legal fee due unless the lawyer wins your case. Contingency fee contracts for legal services are also popular in automobile accident cases, malpractice case, workers’ compensation cases.
There are advantages and disadvantages to you when you enter into a contingency fee contract for your Social Security disability case.
The biggest advantage of a contingency feee is that you will not have to come up with any up front money to pay an experienced social security lawyer or advocate. Experienced lawyers can charge as much as $150, $200 or more per hour of work. Imagine how difficult it would be to come up with $2,000 or $3,000 when you are unable to work and trying to claim your disability benefits!
When you enter into a contingency fee contract, you and the lawyer are sharing the risk of your case. After all, a lawyer could spend hours and hours preparing and trying your case, only to lose because of an unfriendly judge.
For this reason, you need to take your claim seriously and make every effort to listen to and follow a lawyer’s advice. For example, one of the biggest issues lawyers face in Social Security cases has to do with their client’s lack of on-going medical treatment. You have the responsibility of attending all doctor’s appointments as well as keeping your lawyer updated about any new treatment you may be receiving. Also, if you get the sense that your doctor is not supportive of your claim, you need to let you lawyer know so that you and your lawyer can decide if it makes sense for you to seek treatment with a friendlier doctor.
As you can see, you and your lawyer are a team when it comes to winning your Social Security case. Your contingency fee lawyer is relying upon you to actively pursue your case and to keep him or her updated as to medical treatment.
Social Security has special rules for contingency fee contracts in disability cases. If you and an experienced social security lawyer or advocate enter into a “fee agreement,” the most that they can be paid is 25% of your past due benefits with a limit of $6,000.
In the vast majority of cases, the standard 25% contingency fee contract serves both you as the claimant and the lawyer as your legal representative. You get the benefit of experienced legal counsel without an up front cost, and your lawyer gets the benefit of a lump sum fee if your case is approved.
“No fee unless you win” does not mean “free” legal services; it really means “delayed payment” legal fees. As long as both you and your lawyer fully understand and discuss fee payment arrangements, both of you should conclude your case – win or lose – with mutual admiration and respect.
