Each case is not the same, however it is often in your best interests to hire a disability benefits attorney or a non-attorney representative when pursuing disability benefits provided by the Social Security Administration (SSA). The two primary kinds of SSA disability benefits are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), which use a similar application and appeals procedure.
Claimants are not needed to employ legal assistance when appealing an SSDI or SSI decision by the SSA, although representation can assist in a variety of methods. Having a representative considerably increases your odds of not just winning a claim however also securing a beneficial disability start date, which ultimately affects your advantage quantity.
In some cases it is advantageous to look for legal suggestions for the preliminary filing process, however agents typically don't get included up until the appeal process. If you pick to seek legal help, you might employ either a Social Security Disability lawyer or a non-lawyer representative. However remember, you have just 60 days to file an appeal and must alert the SSA initially if you prepare to employ a representative.
Should You Hire an Attorney or a Non-Attorney Representative?
If you pick to be represented, you will need to choose in between a special needs lawyer and a non-attorney disability agent. Neither legal representatives nor non-lawyer agents earn money unless you win your claim; both are paid straight by the SSA from your benefits; and both are entitled to the exact same charges.
While non-attorney representatives must complete a specific amount of continuing education courses and pass an SSA-administered exam, lawyers should be admitted to a state bar after completing a juris doctorate degree (J.D.). Each type of representative has its pluses and minuses, so make sure you discover the best fit.
Accredited disability lawyers are bound by the obligation to zealously represent their clients, a basic not officially needed of non-lawyer representatives, and normally have many years of experience crafting legal arguments. Also, only lawyers may appeal your claim to the federal district court. And if you believe your lawyer provided second-rate counsel, you may submit a formal complaint (not so with non-attorney representatives).
Lots of attorneys who manage Social Security disability claims also practice various types of law (such as divorce or personal injury) and may not have actually the proficiency needed to effectively handle a claim. Non-attorney disability agents, on the other hand, are typically solely focused on disability claims. Non-attorney agents might be more prepared to take on a client who has a slim opportunity of success, while some lawyers primarily take cases with a reasonably high likelihood of prevailing.
Hiring a Representative to Appeal Your Claim
If your claim is denied or you are otherwise dissatisfied with the result, you might submit a reconsideration appeal. While some complaintants may seek representation at this level, reconsideration appeals typically lead to a rejection. For that reason, it can make more sense to wait till you get a hearing in front of an administrative law judge (or ALJ), which is the 2nd appeals level.
Statistics show that plaintiffs are twice as likely to be approved at an impairment advantages hearing if they have a lawyer or non-attorney agent. An agent can do the following in your place prior to and throughout the hearing:
- Gather the essential medical records
- Obtain doctors' viewpoints of your condition
- Thoroughly examine your medical records
- Prepare you for concerns asked by the Administrative Law Judge
- Ask the vocational expert (hired by the SSA for the hearing) critical questions during cross-examination
A lawyer or non-attorney representative most likely is familiar with the different judges you are likely to face at your hearing. As such, your agent can change his/her method to the hearing accordingly.
Guidelines for Representation in a SSDI or SSI Case
The first thing you require to do when you decide to work with an agent is inform the SSA in writing, utilizing the SSA's Appointment of Representative type (PDF, Form SSA-1696-U4). If your representative is not a licensed lawyer, he or she must sign their name on the kind.
Social Security disability attorneys and non-lawyer representatives work on contingency, suggesting they do not get paid unless you do. You and your agent will sign a contingency charge agreement, based on SSA approval, which enables the agency to pay the representative straight (if you win your claim).
Your agent may be paid no more than 25 percent of your benefit amount (or $6,000, whichever is less). He or she may in addition charge you for out-of-pocket costs, such as the cost of getting medical records, without the SSA's approval.
If you decide you are dissatisfied with your representative, you may look for another one. Keep in mind that you end up paying more than the previously mentioned $6,000 limit if you have to pay more than one lawyer or non-attorney representative. You likewise may need to pay additional out-of-pocket expenses.
Find the Right Attorney for Your Social Security Disability Claim
Discovering the right lawyer can be just as overwhelming as identifying whether you require an attorney in the first place. However bear in mind that the majority of attorneys will supply a totally free preliminary consultation prior to any financial commitments are made. Begin on your claim process today by reaching out to a knowledgeable Social Security disability law attorney.
About Troutman & Troutman, P.C.
At Troutman & Troutman, P.C., disability law is all we do. Since 1993, our attorneys have been helping people throughout Oklahoma get the Social Security benefits they deserve. We handle claims for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Our team shares a commitment to assisting clients at every stage of a Social Security claim. We can help with your initial application, including securing medical records and filing the paperwork. At the same time, we can explain your right to back pay and Medicare or Medicaid as part of your benefits. If you receive a denial, we can represent your best interests in an appeal hearing. Applying for Social Security disability in Oklahoma is complicated. Whether you suffered a disabling work injury, developed a medical condition or face other hardships, our SSI and SSDI attorneys can offer you a free consultation. There is no fee for our services unless learn more here you obtain benefits.
For more information contact:
Troutman & Troutman, P.C.
1350 South Boulder Avenue Suite 410
Tulsa, Oklahoma 74119
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