Navigating the world of Social Security Disability (SSDI) and Supplemental Security Income (SSI) can be overwhelming. Knowing where to even begin, what paperwork to gather, and understanding the eligibility criteria can make this process feel impossible. But you’re not alone, and you don't have to go through this challenging time by yourself.
Getting the help of a skilled disability lawyer might be the best thing you do to win your disability claim. Knowing how to choose a disability lawyer, a really great one, will dramatically impact getting a positive outcome for your case.
Why You Might Need A Disability Lawyer
This may sound surprising, but most first-time disability claims are rejected by the SSA (Social Security Administration). Data shows only 20.3% of SSDI/SSI claims were approved on their first try. It gets even more discouraging as the approval rate goes down during the reconsideration stages. While the specific figures change each year, the trend is similar: most people don't succeed without legal help.
However, don't be discouraged. While applying on your own may work for some, working with a disability lawyer statistically gives you better chances at success. A case study by the Federal Government Accountability Office discovered a significant difference in the chances of getting approved when working with a disability lawyer. A disability lawyer is three times more likely to help get you approved, particularly in appeals.
When To Choose A Disability Lawyer For Your Claim
The best time to get a disability lawyer on board is before even starting your SSDI or SSI application. A seasoned lawyer knows all the ins and outs of the process, and will make sure everything is filed accurately. If they have expertise with your condition, even better.
Of course, you can apply without one at first because having a disability lawyer is not required to file. Think of it like trying to build a house on your own. You could learn how to do it yourself, spend time researching the details of construction and zoning regulations, purchase expensive tools, and maybe build it properly. Or, you could just call an experienced contractor who has built many houses.
It’s better to get a lawyer involved early on to prevent mistakes on an application. You can choose to have a disability lawyer handle the process after the initial rejection if your SSDI/SSI application is rejected. You only have 60 days to file an appeal, so be quick.
Sometimes your condition itself might get you a faster route. You may be able to bypass a lot of paperwork if your illness falls under Compassionate Allowances, a program for conditions deemed critical. Your claim gets prioritized for approval when there’s no debate about the seriousness of your situation. You can learn more about this program, and check SSA’s complete list of Compassionate Allowance conditions , on their website.
Essential Questions To Ask A Disability Lawyer
When choosing a disability lawyer, a thorough interview can really pay off in the long run. Asking these important questions from the start can help determine if this disability lawyer is right for you.
1. What Experience Do They Have With SSDI/SSI Cases?
Knowing they are experienced with this type of legal work gives you peace of mind. Find out how long the lawyer’s been handling these cases. Also, check if they’re well-versed in cases similar to yours and with conditions like the one you’re going through.
2. What's Their Success Rate?
Knowing how many claims the lawyer has won overall, especially for initial claims, is an important factor in your decision process.
3. Can You Communicate Clearly With Them?
The disability process can be a long journey, and you will likely spend months, sometimes years on this process. Choosing a lawyer you trust, who respects you, and explains things clearly will make things easier.
4. How Involved Will They Actually Be In Your Case?
You need a disability lawyer who'll be with you throughout your application journey. Ask them how involved they'll personally be in managing your case. Check whether they will attend your hearing themselves if that step is required.
5. How Do They Communicate With Their Clients?
Ask them how they communicate with their clients and how responsive they are. You need a disability lawyer who stays in contact with you so you feel in the loop.
A good lawyer can be reached quickly and returns calls promptly. They should also answer all your questions thoughtfully. Choosing someone who explains complex legal jargon simply will make this process easier to follow. You should be able to reach someone at their office, such as a paralegal, who is familiar with your case when the lawyer is not available.
6. How Will You Be Charged?
This question helps avoid surprises because legal processes can get expensive. Attorneys who handle Social Security cases can only charge fees if your case gets a positive outcome. Not only that, they can't charge more than 25% of the back benefits they help you win, capped at $7,200 (until November 30, 2024). The Social Security Administration (SSA) will increase the maximum fee for Social Security disability attorney agreements to $9,200, effective November 30, 2024. In most situations, disability lawyers deduct these fees directly from your first payment. Any extra costs are explained upfront.
7. What are their Credentials?
Knowing about the attorney's qualifications helps understand their level of knowledge about Social Security Law. You want to look for someone licensed as a lawyer and has experience working with SSA claims in your state. You are required to have a lawyer represent you at a federal court appeal level, according to Social Security regulations. You should make sure your attorney has taken additional classes specific to Social Security Disability cases.
8. Are You Comfortable With This Attorney?
Listen to your gut feeling because choosing the right disability lawyer can mean the difference in getting approved. Make sure you feel confident about them fighting for you every step of the way.
9. Does the Attorney Have Strong Office & Case Management?
A well-organized office can streamline the disability claim journey for you. If it’s a large firm, check to see if your lawyer will personally be working with you. Larger firms dedicate certain departments to manage your documents. Smaller offices will have the attorney handle more of these administrative duties directly.
Regardless of the firm's size or the lawyer's direct involvement in administrative tasks, you should understand how communication and updates work in that office. You should be given the contact information of a specific person at the firm, such as your lawyer or a paralegal, who you can reach out to answer your questions.
It’s important that your questions are addressed promptly and you’re kept up to date on your case. It is a lawyer’s responsibility to maintain communication with you as outlined by the Rules of Professional Conduct that all licensed attorneys must follow. Additionally, the SSA outlines the Rules of Conduct and Standards of Responsibility for Representatives, specifically found at 20 C.F.R. § 404.1740 and 416.1540, that lawyers handling Social Security cases must adhere to.
Finding Reputable Disability Lawyers Near You
Now you might be thinking “Where do I begin looking for qualified lawyers who can help with SSDI/SSI?” You have some options, including asking family and friends if they have used a lawyer that specializes in this.
There are also several online platforms to use to find a Social Security Disability lawyer or a Supplemental Security Income lawyer. Seeking a lawyer with experience in disability benefits is important. They will have experience with the Social Security Administration and know how to present your disability case.
It helps to search review platforms, including Google My Business, Facebook Reviews, and Yelp Reviews, to read the experiences of others who needed to choose a disability lawyer. Client reviews are a good measure of what to expect.
FAQ: How To Choose A Disability Lawyer
1. What is the most a disability attorney can charge?
Attorneys handling Social Security Disability cases operate under a contingency fee system, meaning their pay is conditional upon winning your claim. They are only allowed to receive payment from the back pay benefits. Their maximum allowable fee is limited to 25% of your past-due benefits or $7,200 (before November 30, 2024) or $9,200 (after November 30, 2024), whichever is less.
2. What is the easiest state to get disability?
Reviewing data from annual statistical reports on the SSA’s website can help determine which states have the highest approval ratings from administrative law judges. Approvals are based on various factors that are outside of your control, including state economic conditions.
It’s not a great idea to relocate solely to apply in another state as it could impact your claim to insufficient work history in that new location. Instead, work on improving the details within your application and present strong, supportive medical records for better chances.
3. What is the highest-paying state for disability?
Unfortunately, there’s no one state that always pays the most. Higher monthly payments don't always correlate with higher total benefits. SSDI payment amounts depend on factors such as how much you’ve paid in FICA taxes while you were working. It can also vary depending on other payments you might receive, such as pensions or workers’ compensation benefits. If you choose a disability lawyer with lots of expertise in this area they will be able to give you an idea of the typical benefits in your circumstances.
4. Does disability pay more than Social Security?
SSDI (Social Security Disability Insurance) is a type of Social Security program, but with different rules and eligibility requirements from regular Social Security Retirement benefits. The calculation of how much SSDI you can get depends heavily on how much you’ve worked in the past 10 years, so payments are very individual. Sometimes you can receive higher amounts based on early retirement factors that get included, and it can fluctuate with annual COLA adjustments.
Reach Out To The Law Offices Of Timothy D. Welborn For Help
Knowing how to choose a disability lawyer can seem overwhelming. Choosing one with the right knowledge, experience, and a real commitment to your needs can make the process more manageable. Ask those critical questions, check for experience and a great reputation, and look for the comfort that comes with a trusting, lawyer-client partnership. Having someone in your corner can make all the difference during a stressful time.
If you or a loved one has been denied Social Security or Disability benefits, contact us for a free initial consultation.
