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When to Talk to a Disability Lawyer

Social Security is complicated for the layperson.  There is case law, regulations, and Social Security manuals that can affect determinations of disability.  Disability lawyers can simply this process.

Using an Authorized Representative

Any qualified person can act as the authorized representative for a claimant including a lawyer or attorney. The authorized representative can take the following actions on behalf of the claimant:

  • may submit evidence
  • make statements about facts and law
  • appear at an interview or hearing with or without you
  • make any request or give any notice concerning the proceedings
  • Review the claim file

Hiring a Disability Lawyer

The lawyer that handled your personal injury case or Workmen’s Compensation claim may not be the same lawyer you want to represent you before Social Security.  Social Security is not the same as Workmen’s compensation or a personal injury case.  It is a specialized area of law with its own rules and regulations.  When you hire an attorney to represent you, you need someone who has experience in handling Social Security cases and a record of accomplishment before the ALJ.

Many lawyers who handle Social Security cases advertise on radio or television.  This may or not be the best way to find a Social Security lawyer.  There is a concern that these firms are taking their cases by volume and your case may not get the attention you think it deserves.  Another source of finding a Social Security lawyer would be to contact your local bar association or your state protection and advocacy agency whose mandate is to represent disabled persons.

Cost of a Disability Lawyer

Social Security has a limitation on the amount of fees an attorney can charge.  They will withhold 25% of past due benefits, to pay attorney’s fees.

Hiring an Attorney to Appeal a Denied Disability Claim

A disability lawyer can help your appeal case in the following ways:

  • Organizing medical information and insuring that medical professionals evaluate your disability in the fashion that Social Security will accept
  • Eliciting appropriate witness testimony from the claimant, family and friends
  • Understanding the nuances of the social security act and its stringent requirements for a successful disability claim.
Trying to Get Disability Benefits?
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Want to Learn More?
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