Social Security Benefits - Why Hiring a Social Security Disability Attorney Makes Sense

By Jeffrey Wendland

You are allowed to have a representative act on your behalf, including attending all interviews and hearings with you, when filing for Social Security Disability benefits. Your representative does not have to be an attorney, but there are key advantages to having an attorney represent you if your claim is turned down and you appeal. Hiring an attorney who is experienced in Social Security disability claims is even more critical.

You may not need an attorney, however, when you file your initial application at a local Social Security Administration office or online at SSA.gov. The key to success at this stage is to make sure your claim of disability is included in the SSA's list of impairments eligible for benefits, or the evidence shows an impairment has lasted or is expected to last continually for at least 12 months.

If your initial claim is denied, however, then you likely need legal help to appeal. While some claimants are successful at the first level of appeal in asking for reconsideration by the Disability Determination Service, any appeals beyond that level go to an administrative law judge hearing, then to an Appeals Council, and could eventually reach federal court. An attorney who regularly deals with Social Security claims greatly increases you chances of success.

Social Security Disability attorney Sam Silverman notes that "approximately one in three claimants win their cases at step one of the process by applying for benefits and cooperating with the local Social Security Administration. So there is no need to incur the expense of an attorney who can do very little for you at the initial application process."

A disability lawyer knows the medical information necessary for a successful appeal and can obtain medical records expeditiously for hearings. An attorney can also identify inadequacies and judge the strength of the medical record available to disability examiners who handled the initial application.

There are services that offer specialists who are not attorneys to handle your appeal, but their success rate is dubious. Virginia Administrative Law Judge Drew Swank wrote in the Southern Illinois University Law Journal that non-attorneys who act as representatives for claimants appealing a denial of benefits lack the legal training and licensing requirements to properly handle a disability case. He notes that many national disability firms hire these non-attorneys because they're cheaper.

That doesn't necessarily mean that non-attorney representatives would cost you any less when filing an appeal on a denial of benefits. The SSA requires anyone who charges you a fee for services to file either a fee agreement or a fee petition with the government agency first. Your representative, whether he is a lawyer or not, cannot charge more than the agency allows. The fee can be no more than 25 percent of past due benefits or $6,000, whichever is less. Any representative can charge you for out-of-pocket expenses such as obtaining medical records.

Since government regulations limit the amount you may have to pay for representation, hiring an attorney experienced in dealing with disability claims is a more sound legal and financial choice.

Jeff Wendland is a blogger and internet marketing consultant. Stay up to date with his latest blog post at http://www.jeffwendland.com

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