Applying for Social Security disability benefits can be a confusing and overwhelming process, especially if you are dealing with a serious medical condition. To help you navigate the system, you may want to consider working with professional representation, like a lawyer or social security representative.
Many people believe that they need a lawyer in order to apply for Social Security disability benefits. However, this is not true; you don’t need to have legal representation when applying for SSD benefits. But while you are not legally required to have a lawyer, there are certain situations where it may be beneficial for you to have one anyway. About 70% of people who apply for Social Security Disability benefits for the first time are denied, so if you have a complicated case or a condition that is not well-known, it may be worth your while to seek out professional help.
It is your right to have a lawyer represent you in your Social Security disability claim, but the extent to how much you’ll actually benefit from having a lawyer when applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), really depends on your individual circumstances.
This article will provide you with an overview of the Social Security disability application process and offer some guidance on when having a lawyer will increase your chances of being approved.
What is Social Security Disability?
Social Security disability is a government-sponsored program that provides financial assistance to individuals who are unable to work because of a physical or mental disability.
The Social Security Administration (SSA) offers two programs for people with disabilities: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs have strict eligibility requirements, and the application process can be complicated.
To be eligible for SSD benefits, you must have worked enough years to have paid into the Social Security system through payroll taxes. The amount of SSD benefits you receive is based on your earnings history.
Generally, SSD benefits are available to those who have a disability that is expected to last at least one year or result in death and who are unable to work because of their disability.
Application Process
You can begin the process to apply yourself for SSD benefits online, over the phone, or in person at your local Social Security office, however, it is not as simple as just filling out a form. You will likely need to provide extensive documentation about your medical condition and how it affects your ability to work.
You may also be asked to participate in a consultative examination (CE). This is an exam conducted by a doctor that the SSA has chosen. The CE is used to gather more information about your condition and how it affects your ability to work.
After the SSA has all the information it needs, it will make a decision about whether or not you are eligible for SSD benefits.
If your application is approved, you will begin receiving SSD benefits. If your application is denied, however, you have the right to appeal the decision.
Appeals can be a complicated legal process, and having a lawyer represent you during the appeals process can increase your chances of being approved for SSD benefits.
Do You Need A Lawyer to Apply for Social Security Disability Benefits?
You do not need a lawyer to apply for Social Security Disability benefits. The application process can be completed in its entirety without legal representation.
The SSA recognizes that the application and appeals process for disability benefits can be complex, so they offer free help through their network of more than 1,200 local offices and online resources. In most cases, this free help is all you need to get the benefits you’re entitled to.
However, having a lawyer can increase your chances of being approved for benefits. This is because lawyers who specialize in SSD claims know the ins and outs of the system and can help you navigate the process.
For example, a lawyer can help you:
1. Submit a well-written and persuasive application – The application process for SSD benefits can be complicated and confusing. Social Security disability law is also very complex. An experienced attorney will know how to navigate the system and put together a strong claim on your behalf.
2. Gather the necessary evidence to support your claim – This includes medical records, documentation of your work history, and any other relevant information. An attorney will know what evidence is needed in your specific case and can help you obtain it.
3. Complete the application correctly – The SSD application is lengthy and complex, and it’s easy to make mistakes. For example, many people try to represent themselves and then get denied because they did not include all of the necessary documentation or fill out the forms correctly. A lawyer can help ensure that your application is complete and accurate. Even beyond just submitting a correct claim, an experienced lawyer will know what information the Social Security Administration (SSA) is looking for and can help you present your case in the most favorable light.
4. Appeal a denied claim – If your initial claim is denied, you have the right to appeal. A lawyer can help you file an appeal and present your case in front of a judge. You’ll have a much better chance of winning your appeal with legal representation.
5. Negotiate a higher monthly benefit – If you are approved for SSD benefits, the amount you receive each month is based on your earnings history. An attorney can help you negotiate a higher monthly benefit.
Special Circumstances
While you are not required to have a lawyer when applying for SSD benefits, there are certain circumstances where it may be beneficial to have one.
Some people may want to hire a lawyer to help them with their application if they:
- Have a complex medical condition
- Have a lengthy work history
- Have been denied benefits in the past
- Are not sure if they meet the eligibility requirements
- Are not comfortable completing the application on their own
In general, the more complex your situation is, the more likely it is that you will need a lawyer to help you with your SSD claim.
How to Find a Disability Lawyer
If you decide that you would like to hire an attorney to help you with your SSD application, there are a few ways to find one.
- Get in touch with your local SSA office who maintains a list of legal aid organizations that can help connect you with a disability lawyer in your area.
- Ask friends or family members if they know any lawyers who specialize in SSD claims.
- Google search for “social security disability lawyer” + your location. This should give you a list of lawyers in your area who handle SSD cases.
- You can also search online directories such as Nolo or Avvo.
When you are meeting with potential lawyers, be sure to ask about their experience with SSD claims and whether they think you have a strong case.
How to Choose the Right Disability Attorney
Once you have a list of potential lawyers, you’ll need to narrow it down to just one. Here are some factors to consider when choosing an SSD attorney:
1. Experience – Make sure the lawyer you choose has experience handling SSD claims. You can ask them how many cases they’ve handled and what the results were.
2. Communication – You should feel comfortable communicating with your lawyer. This is important because you’ll need to share sensitive information with them about your medical condition, work history, and personal life. You should always feel confident that they have your best interests at heart.
3. Pricing – Disability lawyers and advocates generally work on a contingency basis. This means that they only get paid if you win your case. The lawyer’s fee is either 25% of your disbursement, or $6,000 – whichever is lower. Some lawyers may request additional payment if the workload is more than typical so be sure to find this out ahead of time. While the fee agreement between you and your representative must be authorized by Social Security, your lawyer is still allowed to bill you for any miscellaneous expenses they incur without Social Security’s approval.
4. Location – It’s not necessary to hire a lawyer who is local to you, but it may make communication and meeting in person easier.
5. Reviews – Once you have a few lawyers in mind, you can read online reviews from their past clients to get a sense of what their experience was like. You can also contact the state bar association in your area and ask for recommendations.
Keep in mind that you are not required to hire the first lawyer you meet with. It’s important to take your time and find an attorney that you feel comfortable with and who you think will give you the best chance of winning your disability claim.
Conclusion
In conclusion, while you are not required to have a lawyer when applying for SSD benefits, there are several good reasons why you might want to consider it. An experienced disability attorney can help increase your chances of getting approved for benefits and also ensure that all of the necessary documentation is included with your claim. If your claim is denied and you decide to appeal the decision, having an attorney represent you at your hearing will give you the best chance possible of winning your case and getting the SSD benefits that you need and deserve.