No one needs an attorney or a representative to apply for Social Security disability benefits. The process is described as “non adversarial,” which means that the Social Security Administration (SSA) tries to be accessible, and to help you through the process of applying and gathering medical evidence. However, most people find communications from the government hard to understand, deadlines hard to meet, and legal standards hard to prove on their own. Hiring an experienced attorney is risk-free: Because payment is on a contingency basis, your attorney only gets paid if you win. If you lose your case or decide not to pursue Social Security benefits, your attorney’s work is free. This encourages attorneys to only take cases they believe have merit, and it should encourage you to consider hiring an attorney to help you with this complicated process from the very beginning.
If you win your case, and the Social Security Administration decides you are or have been disabled at any point in time, an attorney will typically receive 25% of back pay owed to you by the SSA. This amount is limited to $6000. The SSA considers and approves the fee agreement between you and your representative before any attorney fees are paid.
So, why hire an attorney? Because hiring an experienced attorney is risk free, and makes the long and often frustrating process of applying for Social Security benefits much more navigable. Having an attorney cannot make this process any quicker, but it can help ensure you do not miss key steps or evidence, which gives you the best chance of winning your claim. Attorneys will contact your doctors and therapists, gather all the evidence you need for your case, and request opinions from your doctors and caretakers in ways designed to highlight the strongest parts of your claim. They will take time to answer your questions about your case and about the Social Security disability process. Most importantly, they will make legal arguments at your hearing and have a detailed understanding of the current case law, which makes it much more likely you will be successful in your claim. It’s one of the only legal fields where you can get an attorney’s advice without any out-of-pocket costs. Really, the question is – why not hire an attorney to represent you in your Social Security disability case?
