How Much Does A Disability Attorney Cost – Any Hidden Cost?

PayA disability attorney will receive 25% of your back pay as a fee for representing your case.

You need Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) and you know that the chances of having your claim approved by the Social Security Administrative are higher if you are represented by an attorney. You want to know how much a Disability Attorney charges and if there are any hidden costs.

PercentA disability attorney will receive 25% of your back pay as a fee for representing your case. Currently, this amount has a maximum cap of $6,000. This fee structure is regulated by the Social Security Administration and applies to all attorneys who represent SSDI and SSI claims. For example, if you were disabled 3 years ago and you are just now being awarded benefits, Social Security will give you “back pay” for the money that you should have been receiving for the past 3 years and your attorney will only receive 25% (a maximum of $6000) of that money as a one-time fee. The attorney will not take any fees from your future disability checks.

Most Social Security Disability Attorneys will give you a free consultation and will not charge any upfront fees. Some attorneys might charge you for out-of-pocket expenses like the costs involved in gathering medical records and some attorneys might charge you for their travel expenses.

Call usMake sure that you ask questions and read your attorney’s fee agreement first before you sign it.

You might be thinking about representing yourself in your disability claim and saving money on the attorney fees. Statistically, the chances of you winning your disability claim are much higher when you are represented by an attorney. Representing yourself is a risk that you don’t want to take. Talk with an experienced disability attorney about your case and schedule a free consultation.

How To File a Disability Appeal

BusinessYou can file a Disability Appeal online or in person at your local Social Security Administration office.

The majority of people who file a claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) are often disappointed when their claim is denied. The fact is that the majority of SSDI and SSI claims are denied. If your claim is denied, you are usually given 60 days to appeal. You can file a Disability Appeal online or in person at your local Social Security Administration office.

CheckThere are 2 forms that you must complete in order to file an appeal.

The first form is the appeal request which will prompt you for information about your jobs, where you live, and the conditions that cause you to be disabled and unable to work. The second form is the appeal disability report which is where you will provide detailed information about your condition and history of treatments.

There are a few reasons why you might choose to file your appeal online.

First of all, it is very convenient. You do not have to drive to the Social Security Office and you don’t have to wait in line. Also, if your deadline is about to expire, you can quickly get online and file your appeal. This might save you from having to restart the entire application process over from the beginning.

largeIf you are unsure about the appeal process, you might want to file your appeal in person.

Filing in person will give you an opportunity to ask questions about the appeal process. Asking questions will make you better informed of the criteria that the Social Security Administration needs to make a decision on your case.

MacThe Social Security Administration prefers that you file online.

The main reason for this is due to the fact that the Social Security Administration is under staffed. It takes a lot less resources to handle online appeals compared to dealing with all the claimants face to face.

The important thing is to not get discouraged if your Disability Application is denied. You can still win your case either in the appeal process or at a judicial hearing. If you have any questions, you should contact an experienced disability attorney.

Understanding Your Doctor’s Role in Winning a Disability Claim

doctorsThe more specialized your doctor is, the more weight will be given to that doctor’s opinions.

The Social Security examiners and administrative law judges give considerable weight to the information provided by your doctors and other medical professionals who contribute their opinions to your disability claim. It is very difficult to win a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim without the support of these medical professionals.


doctorThe more specialized your doctor is, the more weight will be given to that doctor’s opinions.

Your medical evidence should come from acceptable medical sources such as a licensed physician, psychologist, optometrist, or podiatrist. Additional evidence from other sources such as a chiropractor will be considered but it is given considerably less weight. There is no harm in seeing a chiropractor, but you should also see a medical doctor and preferably a specialist.

DoctorMake sure you continue to get medical treatment and take your prescribed medications (if applicable.) Many claims are denied because claimants stop seeing their doctors or stop taking their medication. If you are not seeing your doctor regularly or are not taking your medication, the Social Security Examiner might wrongfully assume that you must be getting better or that your injury is not very severe.

One of the main keys to winning a Social Security Disability or SSI claim is having strong medical evidence. Your most important evidence will come from your doctors. If you have questions about your doctor’s role in winning your disability case, talk to an experienced disability attorney.

Who Decides if I am Disabled?

WorryAfter reviewing your application, the SSA will send it to the Disability Determination Services office in your state.

If you feel that you have a disability that prevents you from working, you can apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Once you apply, the Social Security Administration (SSA) will review your application to make sure you meet some basic requirements for disability benefits. After reviewing your application, the SSA will send it to the Disability Determination Services office in your state.

mentorThe Disability Determination Services is a state agency and will complete the disability decision for the Social Security Administration. Doctors and disability specialists in the state agency will contact your doctors regarding your condition. They will use the medical evidence from your doctors and hospitals, clinics or institutions where you have been treated.

Disability Determination Services may need more medical information before they can decide if you are disabled. If more information is not available from your current medical sources, Disability Determination Services may ask you to go for a special examination. They will sometimes use your own doctor, but they might also ask you to see one of their doctors.

EmployeeThe Social Security Administration says that they use 5 steps to decide if you are disabled and qualify for Social Security Disability or SSI, they are:

• Are you working?
• Is your medical condition “severe”?
• Is your medical condition on the List of Impairments?
• Can you do the work you did before?
• Can you do any other type of work?

Talk to an experienced Social Security attorney about your disability and any questions you might have regarding Social Security Disability or SSI.

Will My Social Security Disability Benefits Ever Be Taken Away?

ManIf you are able to return to work, your Social Security Disability benefits may be discontinued.

If you qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) you may be able to receive those benefits until you are able to return to work or until you reach retirement age. If you are disabled until retirement age, your Social Security Disability payments will convert to retirement benefits. If you are able to return to work, your Social Security Disability benefits may be discontinued.
Specialist

The Social Security Administration will do Continuing Disability Reviews (CDR) for your disability claim until you are able to return to work or until you reach full retirement age.

These reviews are scheduled for everyone, three and seven years; however, the Social Security Administration is backlogged and the Continuing Disability Reviews are not usually done on time.

medicalIn these reviews, the Social Security Administration will review your medical files and most recent health information to verify that you have not made any substantial medical improvements.

It is important to be ready for Continuing Disability Reviews and keep all your medical and financial records. If you have any questions about Social Security Disability and SSI benefits or if you have recently lost your disability benefits, contact a Social Security attorney today.

Does Social Security Always Deny Initial Disability Applications?

WomanIt is a common myth that the Social Security Administration (SSA) automatically denies all first-time applicants for Disability benefits.

This myth is not true.

About 30 percent of initial applications for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are approved.

Happy result

However, this also means that 70 percent of claims for disability are denied. If your claim is denied, then you are given 60 days to appeal that decision. It is important to get your appeal filed as soon as you can. Unfortunately, most appeals are also denied. If your appeal is denied, then the next step is requesting a judicial hearing with an administrative law judge. A hearing is where you will stand your best chance of winning your disability case.

businessTo improve your chances of winning your case, you should consider hiring a qualified disability attorney. Being represented by a professional who has a good understanding of how the Social Security Disability process works will greatly increase your chances of winning your claim. The important thing is not to get discouraged if your initial application was denied; you can still win your claim and receive the benefits that you need.

Getting Seen by the Social Security Doctors

ExamNot going to a social security medical exam can result in a case denial for failure to cooperate.

When your claim for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) is being evaluated by a Social Security examiner, you may be asked to have a consultative examination (CE exam). These exams are done at the request of the Social Security examiner and are performed by an independent medical doctor who has been contracted by the Social Security Administrations to perform these exams.

doctorsThese physicians are not employees of the social security administration and their role is not to provide medical treatment.

These doctors are asked to provide an updated record of a claimant’s medical condition especially if it looks like the claimant has not been to a doctor recently. Sometimes a claimant may simply be sent to a radiological exam (like an x-ray).

DoctorThe doctors used by social security are used to examining Social Security Disability and SSI applicants. The doctor is usually provided with your past medical records but the doctor may not take the time to read over your medical history. The exams are usually very short.

If you are asked to see the “Social Security’s doctors”, don’t stress out about it. This is just part of processing your claim. Make sure you make it to your appointment; not going to a social security medical exam can result in a case denial for failure to cooperate.

How Alcoholism or Substance Abuse Affects Disability Benefits

DrinkingSubstance or alcohol abuse are major obstacles to receiving disability benefits.

It is not uncommon for someone in chronic pain to attempt to self-medicate with illegal or prescription drugs. Substance or alcohol abuse are major obstacles to receiving disability benefits.

DrugIf a person that is applying for Social Security Disability has a history of substance abuse, the Social Security Administration will carefully review that fact to determine if the substance abuse will prevent the person from receiving Disability Insurance Benefits.

If the claimant’s disabling condition is caused by or made worse by, the use of alcohol or drugs then the claimant will probably be found ineligible to receive disability benefits. The examiner or judge (depending on the level the claim is at) will have to question whether or not the substance abuse affects the disability. There are no clear guidelines; it is a judgment call in every case.

StopIf a person would not be disabled if he stopped using drugs or abusing alcohol then the Social Security Administration will deny the disability claim.

If the disability is not related to the substance abuse problems, then the claimant still has a chance at being awarded benefits.

Regardless if the alcohol or substance abuse is related to the disability, it is a very large red flag for the Social Security Administration in its disability determination process. Talk to a disability attorney if you have any questions about how alcoholism or substance abuse can affect your disability claim.

Can I get Social Security Disability if I am Partially Disabled?

TiredSocial Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is not available to those with a temporary disability or partial disability.

To be approved for disability benefits from the Social Security Administration (SSA), you must be totally disabled, according to SSA standards. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) is not available to those with a temporary disability or partial disability.

womanYour disability must be severe enough that it prevents you from working at your most recent job, one of your past jobs, or at a suitable form of other work, as determined by your residual functional capacity, age, level of education, and transferable work skills. You can continue to work while receiving Social Security Disability, however, if you earn more than a certain amount, then you are said to be engaging in Substantial Gainful Activity and your benefits could be discontinued.

Disable, Jorgensen Law can helpThe Social Security Administration assumes that, although your condition was totally disabling per SSA standards at the time you were approved, your condition may not be permanently disabling. And this assumption is evident by the Social Security Administration’s Continuing Disability Reviews (CDR). These reviews are done occasionally by the SSA to re-evaluate if the person receiving disability benefits is still disabled.

If you are disabled and are unable to work, then don’t delay applying for Social Security Disability benefits. If you are unsure if you qualify or not, then you should talk with an experienced Social Security Disability attorney.