A Disability Lawyer Can Increase Your Likelihood of Getting Approved for Disability Benefits

If you have been diagnosed with a medical condition that makes it impossible for you to work you can file a claim for disability benefits from the United States Social Security Administration. Working with an experienced disability lawyer can increase the chances that your application for disability benefits will be approved. 

Often claims for disability benefits are denied for things like clerical errors or not having enough evidence to support the claim. A disability attorney can help you avoid the common mistakes that could result in your application being denied. And if your application is denied a disability attorney can help you appeal that denial. 

Understanding SSDI Benefits 

Social Security disability benefits are paid to people who have worked in the past but can’t work any longer because they have been diagnosed with a serious medical condition. The Social Security Administration (SSA) awards disability benefits to people who have one of the over 200 medical conditions listed in the SSA’s Blue Book if they meet the Blue Book requirements for the condition that they have. 

Anyone who has earned work credits can apply for disability benefits, but in order to get their application approved people who are applying need to submit extensive documentation of their condition along with their application materials. Medical evidence must show that the person meets the SSA’s Blue Book requirements, and it must show why they can’t work. 

Having a comprehensive application packet that shows exactly why the person can no longer work will help get the application approved on the first try. That’s one of the reasons why it’s strongly recommended that applicants work with an experienced disability lawyer. 

Disability Lawyers 101: What They Do and How Much They Cost 

Cost is one of the main reasons why people don’t get advice from a disability attorney before filing a claim. But the good news is that upfront (out-of-pocket) costs are not a factor when it comes to working with a lawyer for disability benefits. In other words, you don’t have to pay anything upfront to speak with a disability lawyer about your case. As such, if you’ve been wondering how much a disability lawyer costs, you should know that disability lawyers will never ask you to pay upfront. 

Disability lawyers work on what is called a contingency basis. That means they don’t get paid until your application is approved and you start receiving your benefits. A disability attorney can receive up to 25% of your disability back pay or a maximum of $7,200, whichever amount is lower. 

When your application is approved, you will receive a lump sum of money that’s called “back pay”. Back pay is benefit money for the months that you were waiting for the application to be approved. When you receive that lump sum either 25% of that amount or a maximum of $7,200 will automatically go your disability lawyer and you will receive the rest. You never have to pay upfront out of pocket to speak with a disability lawyer. 

The Crucial Role of a Disability Lawyer  

Applying for Social Security disability benefits—either Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI)—is something that most people have never done before. Thus, most people are not familiar with the process and don’t know the tips and tricks that are more likely to result in a disability approval. Such people should consider working with a Social Security disability lawyer who has gone through hundreds of disability benefit applications with their clients. Disability lawyers are familiar with confusing language on the application. And they know what evidence people need to include in their application to increase the chances of approval. 

A disability attorney knows the Social Security Administration’s regulations and what they look for in an application. An attorney who specializes in disability cases can give you personalized advice based on your unique situation. 

Maximizing Your Chances with a Disability Lawyer 

The most common reason that disability claims are denied is that people don’t include enough medical evidence or the right medical evidence with their claim. A disability lawyer can help improve the strength of your claim by: 

• Helping you understand what medical evidence needs to be included with your application.
• Helping you gather the medical evidence that you need.
• Making sure that you have completely filled out the application and answered all the questions the correct way. 
• Helping you craft a compelling narrative and demonstrate through medical evidence and testimonials how your condition makes it impossible for you to work. 

If your application is denied, a disability attorney who is skilled in negotiation and presentation can make your case at your appeal. 

Early Involvement of a Disability Lawyer 

It’s always best to start working with a disability attorney as soon as possible. Having the advice of a disability lawyer from the start can help you avoid the most common mistakes that can lead to delays or denials. And it can help you create a strong foundation for your claim. 

According to a study by the U.S. General Accounting Office working with a disability attorney does increase the chances of getting your disability claim approved. The same study found that people who applied for disability benefits and were denied but filed an appeal were 2.6 times more likely to win the appeal if they were working with a skilled disability attorney. 

Navigating the Appeals Process 

If your claim for disability benefits is denied, you will receive a letter in the mail from the SSA letting you know that your claim was denied. Then you can file a request for an appeal, called reconsideration. There are a lot of deadlines and regulations governing disability application appeals. A disability attorney can help you through each stage of the appeals process to make sure that you meet the deadlines and regulations. There are four stages of appeals that you can go through: 

• Reconsideration
• Hearing With An Administrative Law Judge (ALJ)
• Appeals Council Review
• Federal Court 

A disability attorney can represent you at your appeal hearings to make your case before the appropriate governing body and help you get your claim approved. 

Addressing Concerns and Misconceptions 

Most people who don’t work with a disability attorney don’t seek help because they believe that the cost is too expensive. But since you don’t have to pay for a disability attorney’s advice up front there’s no reason not to get expert help. Studies show that having a qualified disability attorney’s help will increase your chances of getting an approval for your disability claim. 

When to Hire a Disability Lawyer 

The best time to hire a disability lawyer is when you start preparing your application. A disability lawyer can help you go through the application and figure out what Blue Book listing you qualify for as well as what evidence you’re going to need to prove that you can’t work. Having someone with you from the start who knows the application process well will make the process smoother, faster, and less confusing. 

Conclusion 

When you’re already dealing with the difficulties of a major illness and the changes that brings to your life you shouldn’t have to worry about money on top of that. The process of applying for Social Security disability benefits can be complicated and confusing. It just makes sense to get help and personalized advice from an expert in Social Security disability regulations. Working with an attorney can help your application get approved on the first try so that you can start receiving benefits sooner rather than later. And, if your application is denied, having a skilled lawyer argue your appeal will increase the chances that your appeal will be successful. 

Complete the Free Case Evaluation form to get connected with a disability lawyer who can help you today. 

Sources 

• "Why Should I Speak to a Disability Lawyer if I Haven't Applied?" – Disability Benefits Center 
• "SSA Disability Decision Making: Additional Steps Needed to Ensure Accuracy and Fairness of Decisions at the Hearings Level" – U.S. General Accounting Office 
• "Appeals Process" – SSA