Filing for disability can be a confusing and arduous process, beaten out only by filing an appeal if your claim is denied. If you're seeking social security disability benefits from the government, you not only need to understand the process of applying, but also whether or not you should hire a lawyer to assist with your case.
You Can Apply Without An Attorney
If you've never applied for disability before, you're probably fairly unfamiliar with the process. However, you may not need the help of an attorney at all if your initial application goes well.
Essentially, the first application you file for disability takes the form of paperwork certified by your doctor that provides evidence of your condition and inability to work. This information is reviewed and either accepted or sent on to the courts for further review. If your case is serious or there is overwhelming evidence in your favor that can clearly be demonstrated on paper, you may be able to qualify for disability benefits right off the bat.
However, the majority of disability applicants are denied when they first send in their forms. In order to be prepared for the worst, it's still a good idea to interview attorneys or have one in mind before you get your answer back.
Disability Lawyers Raise Your Appeal Chances Significantly
While there is no requirement for a lawyer to be present at your hearing, a good social security disability attorney can drastically improve your chances of receiving benefits when you appeal a denied claim. In many cases, claims are denied in the first round of applications due to a misunderstanding of the facts or improper handling of the evidence and the case itself by the judge. With an attorney who can comb over your previous hearing for such mistakes, your appeal is likely to have more weight behind it.
Disability lawyers can also help put together your case when you are too unwell to handle all of the running around. Calling doctors, witnesses, previous workplaces, and other sources of vital evidence can be enough to exhaust anyone without a disability, but for a disabled person, the added stress can have a serious impact on health. Your attorney can take care of organizing your case and can even help you prepare for questioning at your appeal, so you don't become flustered or confused while in front of the judge.
Contingency Pay Is On Your Side
While some types of lawyers ask for a service fee no matter the outcome of your case, disability lawyers accept their fees on a contingency basis: if you aren't awarded benefits, you don't owe the attorney anything.
The most obvious benefit of this system is that it gives your lawyer a great incentive to pull out all of the stops in order to help you win your case. Another great aspect of contingency pay is that you know you'll be able to afford it once your case is finished. Either you'll owe nothing, or the pay will be calculated as a percentage of the back-payments owed to you by the government. Typically, disability lawyers charge around 25% of the full back-payment amount.
However, it's always a good idea to discuss rates ahead of time with your lawyer. Sometimes you may still need to pay court fees or processing fees on your paperwork, which your lawyer may be willing to handle for you. Discussing the cost of a disability appeal with an expert attorney can give you a good estimate of what you'll end up paying when all is said and done.
If you've never applied for benefits, you may not need a lawyer at first. However, when dealing with the appeals system and correcting misjudgments on the part of the court, a skilled disability attorney is indispensable. Even if things are looking gloomy, consider getting in touch with your local attorney today: you could be closer to receiving benefits than you think.
