Can a Case Be Awarded Disability Benefits without the Services of a Social Security Attorney or Other Legal Advocate?
01/16/10
Q: How is a social security attorney paid?
A: Your lawyer would only be paid if you are awarded disability benefits. Your attorney will not be compensated if your claim is not approved for disability benefits. A social security attorney will, therefore, do his best to have your claim approved. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. It is possible that you will owe your attorney for other costs he or she had to take on during the process, such as ordering medical records.
Q: Do you have to have an attorney in order to be awarded social security disability benefits ?
A: You do not need a social security attorney to win your case. The initial review process is pretty straight forward and can usually be navigated without legal representation. Most claims, however, do not receive approval after that first step. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. You will need to file for reconsideration within 60 days of when you were notified of denial. Most claims are still not awarded benefits after reconsideration. The next and last step is then to file a request to have your case heard before an administrative judge. Having the expertise of a social security attorney during the hearing process can be invaluable. Most claims that are awarded benefits after being heard by a judge have legal representation. Regardless of where your claim is in the process, an attorney will also assure that all paperwork is submitted on time and correctly.
Q: Is it possible to keep track of where your file is after you apply for disability benefits?
A: It is in your best interest to check in on your claim periodically. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Call the Social Security claim representative for your particular claim and see how your file is moving along. Not only will you have peace of mind knowing that your file is being processed, but this gives you a chance to see if the case manager knows of any missing information needed for your file.