Does Having an Attorney Determine
Whether You Win or Lose Your Social Security Disability?
by Scott Davis, Esq.
Did you know you can
increase your odds of winning your Social Security (SSA) Disability case by
more than 50% if you are represented by an attorney? Simply put, that’s a
dramatic difference and one that every Social Security disability applicant
should heed.
Congressional and own statistics confirm this statement is
true. The statistic came to light in November 2001, during Congressional
testimony provided by Congressman Robert T. Matsui of California. During the
hearing Congressman Matsui provided the following testimony:
“Professional representation is a valuable-and indeed vital-service. The
disability determination process is complex. Claimants without professional
representation appear to be far less likely to receive the benefits to which
they are entitled. For example, in 2000, 64% of claimants represented by an
attorney, but only 40% of those without one, were awarded benefits at the
hearing level.”[1]
At the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided
the following testimony:
“As many of you know, filing for Social Security benefits —especially
disability benefits — is so complicated that many claimants must hire
attorneys to guide them through the process.” [2]
Please understand I am not suggesting that you must have an attorney in
order to win your disability case. People can and do win their cases on
their own. In fact, SSA does not require you to have an attorney, you can
represent yourself; but why on earth would you? Congressional and SSA’s own
statistics show dramatic differences in the outcomes of cases depending on
whether an attorney is involved.
I have debated for years on whether to write an article on why one should
hire a disability attorney. I did not want the article to be viewed as
self-serving for either myself or my profession. I am aware of the
unfortunate stature attorneys hold in our society, some of which is
deserved. I always enjoy the look in a person’s eyes when they learn I am an
attorney; it is clear they are searching their mind to share the latest
attorney joke…and most are very funny!
However, the testimony of Congressmen Matsui and Shaw confirms what SSA
and many disability attorneys have known for years. With such a compelling
statistic, it is my hope this article is viewed as educational, rather than
self-serving.
So you know the difference a disability attorney can make in your
case…what can do you do about it? For those of you who are now considering
hiring an attorney, let me provide you with some basic information to assist
you in your decision.
1. You only pay an Attorney’s fee if you win your Case!
The number one question on people’s minds is, “How can I afford an
attorney when I am not working?” The answer is simple…you only pay the
attorney a fee if you win your case. You do not pay an attorney upfront.
Generally, every disability attorney will represent you on a contingency fee
basis. Simply put, this means you do not pay an attorney’s fee unless you
win your case. Thus, everyone seeking disability benefits can afford an
attorney. The question you should be asking yourself is “can I afford not to
be represented by an attorney?”
2. General information regarding the attorney’s fees
The SSA and federal law set the attorney’s fees in disability cases. The
standard fee agreement most attorneys use states the attorney’s fee is
contingent upon winning your case. The fee is 25% of all past due benefits
for you and your family, up to a maximum of $6,000, or whichever is less.
Some attorneys may use a fee agreement which provides for a maximum fee of
$7,000.
Thus, the attorney’s fees are usually only a fraction of the benefits you
receive; depending on the amount of your past due benefits, it can be a very
small fraction.
3. What is my case worth if I win?
The answer to this question depends on a number of factors including…how
long you have been disabled, when or if you will ever return to work, the
amount of your monthly benefit and whether you have eligible dependents.
For example, if you are 45 years old, your monthly benefit amount is
$1,000, and you do not return to work before age 65; your case can easily be
worth $250,000! This amount does not include the value of the Medicare or
Medicaid insurance you will be eligible for after being found disabled. As
many of you know, the price of medical insurance in middle age, with
pre-existing medical conditions, can be staggering and not affordable. This
of course assumes that an insurance company is willing to insure you.
4. Why you increase your odds of winning
your case if you hire a
Disability Attorney
There are many reasons hiring an attorney can significantly increase the
odds of winning your case. One significant reason is that disability
attorneys understand the complicated laws and regulations that determine
success or failure. Two questions I always ask potential clients are, “Do
you know what you need to prove in order to win your case?” and “If you do
not know, how are you going to go about proving it?
You should hire an attorney who specializes in Social Security disability
law. Furthermore, I believe it is important to hire an attorney who has
expertise in representing people with your type of diagnosis. It is
important that your attorney believes in your case and that they can win it.
I suggest you ask the attorney how much experience they have with your type
of diagnosis and how often do they win? Any disability attorney should be
willing to provide you with this information.
5. What an Attorney should do to increase
the odds of winning your case
From the beginning, the attorney should set forth a strategy that you
both of you should follow to win your case. It is critical to understand
what is necessary to prove your case and how you will go about winning it.
The sooner you know this, the sooner you can take steps to execute the
strategy and thereby increase your odds of winning. Thus, you should consult
with and hire an attorney either when you file your claim or as soon
thereafter as possible.
Based on my experience in representing clients nationwide (remember
Social Security is federal law and not state specific); literally none of
them had a strategy or plan on how to win their case before they hired me.
This is important because most of them were simply “doing whatever SSA told
them to do” while their claim was being processed. This included seeing
SSA’s doctors for an examination that often results in a denial of their
claim.
It is important to understand that SSA is only obligated to investigate
your case and is not charged with approving it. I am not suggesting that SSA
denies every claim; I’m simply stating that my experience after having
successfully represented many clients whose claims were previously denied by
SSA because evidence was not obtained, not reviewed or SSA focused on what
it wanted to in order to support a denial.
In conclusion, if you are contemplating filing a claim for SSA Disability
benefits, I encourage you to consult with an attorney as soon as possible to
help you understand the process. The consultation should not cost you
anything except your time. By understanding the process and having a
strategy, you will significantly increase your odds of winning your case.
Congressional and Social Security’s statistics do not lie – it is penny
wise and pound foolish not to hire a disability attorney.
[1] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable Robert
T. Matsui of California, regarding the Attorney Fee Payment System
Improvement Act 2001.
[2] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable E.
Clay Shaw of Florida, regarding the Attorney Fee Payment System Improvement
Act 2001.
Best of luck to you and remember to keep
fighting for the benefits you deserve!
Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.
Visit his website at
www.ScottDavisPC.com.
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