Hiring the Right Social Security Disability Attorney

Dealing with the complexities of Social Security Disability (SSD) benefits can be overwhelming. The regulations and strict eligibility criteria are often confusing, leading to delays or even denials of much-needed benefits. Having the help of an experienced Social Security Disability attorney can significantly improve your chance of success.

Understanding Social Security Disability Benefits

Social Security Disability Insurance (SSDI) is a federal program designed to provide financial assistance to people who cannot work due to a disabling condition. Unlike Supplemental Security Income (SSI), which is need-based and considers financial resources, SSDI eligibility is based on an individual's work history and contributions to the Social Security system. 

To qualify for SSDI, a person must have gained enough work credits and have a medical condition that meets the Social Security Administration’s (SSA) definition of a disability. This definition requires that the disability or impairment prevents the person from doing substantial work and is expected to last at least 12 months or result in death. 

The Role of a Social Security Disability Attorney

An SSD attorney helps clients understand disability law and the procedures of the Social Security Administration. Their main duties include:

• Preparation of the Initial Claim: An attorney can assist in filing the initial application, ensuring that all necessary information is included to maximize the chances of approval and minimize delays.
• Filing of Appeals: If an initial claim is denied, an attorney can handle the appeals process, which often involves strict deadlines and complex procedures.
• Management of Evidence: Attorneys gather and submit medical records and other evidence to support the claim, ensuring that the Social Security Administration has all the information needed to make a favorable decision.
• Representation at Hearings: During hearings before an administrative law judge, an attorney can present arguments, question witnesses, and address any concerns the judge raises.

Benefits of Hiring an SSD Attorney

While it's possible to apply for SSD benefits without legal representation, having an attorney offers several advantages:

• Increased Approval Rates: Applicants represented by attorneys are more likely to be approved for benefits than those who apply independently. A 2017 government report highlighted the benefits of hiring an attorney for disability claims. Applicants with legal representation were 2.9x more likely to be approved, with a 60% approval rate, compared to 34% for those without representation.
• Expertise in Disability Law: Attorneys specializing in SSD cases deeply understand the law and SSA procedures, which can be invaluable in navigating the application and appeals process.
• Contingency Fee Basis: Most SSD attorneys work on a contingency fee basis, meaning they only get paid if the claim is successful. This arrangement makes legal representation accessible to those who might not otherwise be able to afford it.

When to Hire an SSD Attorney

Hiring an SSD attorney at the right time can significantly affect the outcome of a disability claim. Consider hiring an attorney:​

• Before Submitting the Initial Application: An attorney can guide people through the application process, ensuring that all necessary information is provided and the claim is as strong as possible.
• After an Initial Denial: If a claim is denied, an attorney can help understand the reasons for denial and assist in filing an appeal.
• When Preparing for a Hearing: An attorney can prepare people for hearings, develop a strategy for presenting the case, and cross-examine any expert witnesses present.

How to Choose the Right SSD Attorney

Selecting the right attorney is crucial for a successful SSD claim. Here are some factors to consider:

• Specialization in Disability Law: Ensure the attorney specializes in Social Security Disability law and has experience handling similar cases.
• Experience and Track Record: Inquire about the attorney's experience, including their approval rates and familiarity with cases similar to yours.
• Communication and Accessibility: Choose an accessible attorney who is responsive to calls and emails and willing to keep you informed throughout the process.

Questions to Ask a Prospective SSD Attorney

Before hiring an attorney, consider asking the following questions:

• Are you a licensed attorney or an advocate? 
  • Ensure that the attorney representing you is licensed. They have the legal privileges and resources to handle your case effectively. An advocate in Social Security Disability cases is a non-attorney professional who can assist with claims and appeals. They may have experience with SSA procedures but do not have a law degree or the ability to represent clients in federal court. This is why choosing a licensed attorney with experience in cases like yours is important.
• Do you have experience winning disability claims for conditions like mine?
  • An attorney with experience handling cases involving your specific medical condition may be better equipped to represent you effectively.
• How will you communicate with me?
  • Clear communication is essential. Ensure the attorney is accessible and responsive to your calls and emails.

Why the Right SSD Attorney Makes a Difference

Hiring the right Social Security Disability attorney can make a significant difference in the outcome of your claim. From navigating complex regulations to gathering strong medical evidence and representing you in hearings, an experienced attorney increases your chances of securing the necessary benefits. 

If you're facing the challenges of a disability claim, finding the right legal advocate can provide the support and guidance needed to move forward confidently.