Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Did  you could boom your odds of triumphing your Social Security (SSA) Disability case through greater than 50% in case you are represented via an attorney? Simply placed, this is a dramatic difference and one that every Social Security disability applicant ought to heed.

Congressional and SSA's very own facts verify this statement is genuine. The statistic came to mild in November 2001, at some point of Congressional testimony furnished through Congressman Robert T. Matsui of California. During the hearing Congressman Matsui furnished the following testimony:

"Professional illustration is a valuable-and certainly critical-service. The incapacity determination process is complex. Claimants without expert representation look like some distance less possibly to obtain the benefits to which they may be entitled. For instance, in 2000, sixty four% of claimants represented by means of an attorney, but handiest 40% of these without one, have been awarded blessings at the hearing degree."[1]

At the identical listening to, Congressman E. Clay Shaw, Jr. Of Florida furnished the subsequent testimony:

"As many of , submitting for Social Security advantages-especially disability advantages-is so complex that many claimants should rent lawyers to manual them thru the manner." [2]

Please understand I am not suggesting that you ought to have an legal professional so that you can win your incapacity case. People can and do win their cases on their very own. In truth, SSA does no longer require you to have an attorney, you can constitute yourself; however why on this planet could you? Congressional and SSA's personal records show dramatic variations in the effects of cases relying on whether or not an lawyer is involved.

I have debated for years on whether to write down an article on why one need to hire a disability lawyer. I did no longer need the thing to be considered as self-serving for either myself or my profession. I am aware of the unlucky stature attorneys maintain in our society, some of that is deserved. I continually revel in the look in someone's eyes when they research I am an lawyer; it's far clean they are searching their thoughts to proportion the brand new legal professional comic story...And most are very funny!

However, the testimony of Congressmen Matsui and Shaw confirms what SSA and many disability legal professionals have recognised for years. With such a compelling statistic, it is my desire this newsletter is viewed as educational, as opposed to self-serving.

So you understand the difference a disability lawyer can make to your case...What can do you do about it? For those of you who're now thinking about hiring an attorney, permit me offer you with some simple information to assist you in your selection.

1. You simplest pay an Attorney's charge if you win your Case!

The number one question on human beings's minds is, "How can I come up with the money for an legal professional when I am no longer running?" The answer is easy...You handiest pay the legal professional a fee in case you win your case. You do no longer pay an attorney prematurely. Generally, each incapacity legal professional will constitute you on a contingency charge basis. Simply placed, this indicates you do not pay an legal professional's charge unless you win your case. Thus, absolutely everyone looking for incapacity advantages can have the funds for an lawyer. The query you have to be asking yourself is "can I have the funds for no longer to be represented by means of an legal professional?"

2. General facts concerning the lawyer's fees

The SSA and federal law set the attorney's charges in incapacity instances. The trendy charge settlement maximum attorneys use states the legal professional's rate is contingent upon prevailing your case. The rate is 25% of all late advantages for you and your circle of relatives, up to a maximum of $five,three hundred, or whichever is less. Some legal professionals can also use a rate settlement which affords for a most charge of $7,000.

It is really worth noting that on February 1, 2002, SSA extended the maximum preferred fee quantity to $five,300 from $four,000. This is the primary time the price has been expanded in view that 1990 and honestly represented a cost of residing adjustment.

Thus, the attorney's fees are generally best a fraction of the blessings you receive; depending on the quantity of your late blessings, it can be a very small fraction.

3. What is my case well worth if I win?

The solution to this question relies upon on a number of things along with...How long you've got been disabled, whilst or if you'll ever return to paintings, the amount of your monthly advantage and whether or not you've got eligible dependents.

For example, if you are 45 years antique, your monthly advantage amount is $1,000, and you do not return to paintings before age 65; your case can without problems be really worth $250,000! This quantity does now not consist of the value of the Medicare or Medicaid insurance you'll be eligible for after being found disabled. As lots of you realize, the charge of medical health insurance in middle age, with pre-existing medical situations, can be impressive and not lower priced. This of route assumes that an insurance corporation is willing to insure you.

Four. Why you increase your odds of winning your case in case you hire a Disability Attorney

There are many reasons hiring an attorney can considerably boom the percentages of triumphing your case. One extensive reason is that incapacity attorneys apprehend the complex legal guidelines and regulations that decide success or failure. Two questions I continually ask potential customers are, "Do you recognize what you need to prove with a purpose to win your case?" and "If you do now not understand, how are you going to go about proving it?

You need to lease an legal professional who makes a speciality of Social Security incapacity regulation. Furthermore, I agree with it's miles critical to hire an lawyer who has information in representing people with your kind of prognosis. It is essential that your lawyer believes on your case and that they could win it. I propose you ask the attorney how an awful lot revel in they've with your sort of prognosis and the way frequently do they win? Any incapacity legal professional must be willing to provide you with this facts.

Five. What an Attorney need to do to boom the percentages of winning your case

From the start, the lawyer should set forth a strategy which you each of you need to follow to win your case. It is critical to recognize what's essential to prove your case and how you'll move about prevailing it. The faster you recognize this, the sooner you can take steps to execute the approach and thereby increase your odds of prevailing. Thus, you ought to talk over with and rent an lawyer either while you record your claim or as soon thereafter as possible.

Based on my experience in representing clients nationwide (keep in mind Social Security is federal law and not country precise); literally none of them had a approach or plan on a way to win their case before they employed me. This is essential due to the fact maximum of them were in reality "doing something SSA told them to do" whilst their declare became being processed. This included seeing SSA's doctors for an examination that regularly outcomes in a denial of their declare.

It is vital to take into account that SSA is only obligated to analyze your case and is not charged with approving it. I am not suggesting that SSA denies each declare; I'm actually mentioning that my experience after having efficaciously represented many clients whose claims have been previously denied by means of SSA due to the fact proof changed into no longer obtained, now not reviewed or SSA targeted on what it wanted to with the intention to guide a denial.

In conclusion, if you are considering submitting a claim for SSA Disability advantages, I encourage you to visit an attorney as quickly as possible that will help you recognize the procedure. The consultation ought to now not fee you some thing besides a while. By know-how the process and having a strategy, you will substantially growth your odds of winning your case.

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