Why Hire a Social
Security Disability Lawyer?
An experienced lawyer can be very
helpful to you in many ways. First, your lawyer can make sure
that you have applied for all disability programs for which
you are eligible. For example, disability claims offices
sometimes "lose" files or fail to process them
timely. Just about every claimant's lawyer has had to argue that
any evidence of a communication with
Social Security is enough to prove that an application was
filed, thereby counting as a "protective filing" and
preserving the claimant's rights.
A lawyer can also determine if you
are eligible to "reopen" old applications. In some cases, a
prior application, even one filed three or four years earlier,
can be reopened, thereby making you eligible for years of back
benefits and thousands of dollars. If you ever filed an old application, or even if you
simply called Social Security to inquire about benefits, you
could lose our if you fail to look into
reopening an old application. Make sure to tell
your lawyer about any old applications or communications with
the Social Security Administration.
Your lawyer can evaluate your case
and suggest a strategy to win your case. After handling
hundreds of cases, most attorneys have a fairly good
perspective as to what cases are winnable and what cases are
not, and what it takes to win a case. While an attorney's
opinion is not a determination of how your case will end up,
he/she can offer you the benefit of experience. More
importantly, if you decide to hire an attorney, he/she will
make sure that your case file is up-to-date with all medical
records. In addition, he/she will work with your doctors to
"translate" your medical problems into work limitations so
that Social Security can evaluate your claim properly.
If you choose to hire an attorney,
most cases are handled on a "contingency" basis, meaning that
the attorney is paid only if the case is won. An attorney's
fee is typically 25% of any past due benefits collected for
you.
"No Fee Unless You Win" -
How Social Security Lawyers Get Paid
You may be surprised to learn that in most cases, you
will not need any up-front money to hire a lawyer to
represent you in your Social Security disability case.
Social Security lawyers generally accept disability
cases under a contingency fee contract. A "contingency fee"
means that there is no legal fee due unless the lawyer wins
your case. Contingency fee contracts for legal services are also popular in automobile accident cases, malpractice
case, workers' compensation cases, and other matters where you and your lawyer are trying to collect money.
There are advantages and disadvantages to you when you
enter into a contingency fee contract for your Social Security disability case.
The biggest advantage to you is that you will not have
to come up with any up front money to pay your lawyer. Experienced lawyers can charge as much as $150, $200 or more
per hour of work. Imagine how difficult it would be to come up with $2,000 or $3,000 when you are unable to
work and trying to claim your disability benefits!
When you enter into a contingency fee contract, you and
your lawyer are sharing the risk of your case. After all, your lawyer could spend hours and hours preparing and trying
your case, only to lose because of an unfriendly judge.
For this reason, you need to take your claim seriously
and make every effort to listen to and follow your lawyer's advice. For example, one of the biggest issues lawyers face in
Social Security cases has to do with their client's lack of on-going medical treatment treatment. You have the
responsibility of attending all doctor's appointments as well as keeping your lawyer updated about any new treatment you may
be receiving. Also, if you get the sense that your doctor is not supportive of your claim, you need to let you
lawyer know so that you and your lawyer can decide if it makes sense for you to seek treatment with a friendlier
doctor.
As you can see, you and your lawyer are a team when it
comes to winning your Social Security case. Your contingency fee lawyer is relying upon you to actively pursue
your case and to keep him or her updated as to medical treatment.
Social Security has special rules for contingency fee
contracts in disability cases. If you and your lawyer enter
into a "fee agreement," the most that your lawyer can be paid is
25% of your past due benefits with a limit of $5,400.
Now, what are the disadvantages of entering into a
contingency fee contract, and what are your options?
Although contingency fee contracts are a popular and
useful way for Social Security disability claimants to retain the services of skilled and experienced lawyers, you need to
think carefully about what a contingency fee means before you sign a contract.
By signing a 25% contingency fee, you are agreeing to
pay your lawyer 25% of your past due benefits regardless of the action taken by the lawyer to win your case. For
example, if you hire a lawyer when your case is being considered for reconsideration, and Social Security approves
it before the lawyer has actually taken any action on your behalf, you will still owe him 25% of past due benefits
and the Social Security Administration may withhold 25% of your past due benefit check to pay the lawyer.
The Social Security case evaluation process includes an
initial application, a reconsideration appeal and hearing appeal. Many lawyers do not get involved in a case prior to
the hearing stage because that is where they can really help their clients. Before signing any contract at the initial
or reconsideration stage, ask your lawyer what he expects to do for you in exchange for 25% of your past due benefits.
There are certainly some situations where it makes sense for you to hire a lawyer at initial or reconsideration,
but you need to be certain in your own mind that you understand why.
Most contingency fee contracts prepared by lawyers also
include an option for the lawyer to file a "fee petition."
Although this may come as a surprise to you, your fee contract
is not just between you and your lawyer. The Social Security Administration has to approve any fee
arrangement between claimants and their lawyers. In a fee petition, your lawyer may request more than 25% of past due
benefits because of an unusual amount of work or time involved in your case or because your case did not
involve past due benefits.
In a fee petition, your lawyer will itemize each and
every action he performed on your behalf, and present this petition to the Judge for approval. You, as the claimant, can
object or comment - although you should always act honorably towards your lawyer.
If your lawyer's fee petition is approved, you may have
the responsibility to pay your lawyer directly, often months or even years after you have received your past due benefit
lump sum check. Here, too, communication with your lawyer is essential. If your lawyer has worked hard to recover
on-going benefits for you, but has not been paid because there are no past due benefits, you have a moral as
well as legal obligation to pay your lawyer for his time and risk.
Finally, if you had hired a lawyer, then later changed
lawyers, Social Security will require both lawyers to file a fee petition for work performed. This is another reason to
choose carefully before you hire a lawyer. If you go through two or three lawyers, you may find that more than 25%
of your past due benefits are being used to pay for legal services.
In the vast majority of cases, the standard 25%
contingency fee contract serves both you as the claimant and your lawyer as your legal representative. You get the benefit
of experienced legal counsel without an up front cost, and your lawyer gets the benefit of a lump sum fee if your
case is approved.
"No fee unless you win" does not mean "free" legal
services; it really means "delayed payment" legal fees. As
long as both you and your lawyer fully understand and discuss
fee payment arrangements, both of you should conclude your case - win or lose - with mutual admiration and
respect.
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