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How to Choose a Social Security Disability Lawyer

If you’ve been researching the Social Security Disability process, you know by now that it is a lot more complicated than just telling the office that you can’t go back to your current job. Social Security law is comprised of hundreds of regulations, rulings and cases interpreting them. There are not a lot of lawyers that practice in this area compared to other areas of the law because… well, it’s a pain in the neck.

Social Security Disability law is complicated, the legal fees are generally low and the cases take a long time to complete. Most of us that do practice in the area do so because, despite the headaches, it’s vital. Most of clients have nowhere else to turn. Their disability has turned their life upside down and they are on the verge of losing everything… or already have. If you are disabled, you are entitled to the benefits we are fighting for. It’s your money!

So, if you’ve made the choice to hire a social security disability lawyer, what should you look for? By far, the most vital thing is experience. You don’t want a lawyer who “dabbles” in Social Security Disability law. It should be a major part of his or her practice.

You should also be familiar with the medical condition that results in your disability, or willing to become familiar. How can he advocate your position to the judge if he does not know it himself? Last, he should be willing to take your case on a contingent fee basis. A contingent fee means that he does not get paid unless he wins. The standard Social Security Disability lawyer fee is 25% of the back benefits, but cannot be greater than ,300.00.

It does not matter where your SSDI lawyer or SSI disability lawyer is located. If he is a lawyer in any state, he can practice in front of any Social Security Law judge. This is even less vital than it used to be as an increasing number of hearings occur by video conference and the judge may be hundreds of miles away at the time.

Here are some sample questions you might question when communicating with a prospective lawyer’s office:

1. How many disability hearings has the lawyer conducted?

Answer: The answer should be several hundred, at least.

2. I’m suffering from (insert your condition). Does your firm have experience with this type of medical impairment?

Answer: The answer should, of course, be “yes.”

3. I know that the lawyer will often not be available. Will I have one individual assigned to my case that I can question questions when necessary?

Answer: This is an vital issue. If your lawyer has the experience you want, he or she is often out of the office. You should expect that he will assign a particular paralegal or case manager that he oversees to respond to general questions or issues in your case. This person typically will gather new information regarding your medical treatment. A skilled paralegal is a fantastic benefit to both the lawyer and the client.

4. Will the lawyer be at my hearing?

Answer: This may seem like a silly question, but its not. Some companies hold themselves out as Social Security advocates but are not really lawyers. This seems ridiculous, but it is right and it is legal under social security law. In other cases, some law firms will not attend hearings because they deem them to be too much distress. They will question the judge to make a choice based upon the written record. Again, this is legal but I reckon it is a terrible disservice to the client. For heaven’s sake, you are paying legal fees, you deserve a real lawyer and unless there is some extraordinary circumstance, you deserve to have your case heard by the judge.

What is a Social Security Disability Hearing Like?

Compared to other legal proceedings, Social Security Disability hearings are considered much less formal. They are nothing like what you might see on a TV court show (thank goodness). That said, these hearings are serious business especially when you consider what is at stake, a person’s Social Security Disability benefits.

The hearing is conducted by an Administrative Law Judge (also called an “ALJ”). Also present in the hearing room will be the judge’s hearing assistant, any experts the judge has questioned to be present, you and, of course, your Social Security Disability attorney. Sometimes your disability attorney will call additional family members or even friends as witnesses if we reckon it is necessary, but this is rare. As for experts, usually the judge will have a vocational expert (an expert in different types of jobs and what physical abilities they require), and often a medical expert to provide further testimony.

Before the Social Security hearing, your disability attorney will likely have submitted your updated medical records and any opinion evidence he has developed on your behalf. Sometimes this is not possible and your disability attorney will talk to the ALJ about what medical evidence is outstanding. Also, before the hearing, your attorney will have met with you and described the way the hearing will unfold, the nature of the questions you will be questioned, and what we are trying to prove.

As the hearing starts, it is customary for the lawyer and ALJ to hold a discussion about the nature of the case and any procedural issues that need to be addressed. These discussions often include a lot of Social Security or legal mumbo jumbo that may seem unclear. Don’t worry. Your Social Security Disability attorney will have clarified these issues in common sense terms ahead of time.

At this point either the ALJ or your disability attorney may swear you in and start asking you questions. While there are certainly exceptions (I’m sorry to say), most ALJs are very honest and will hear your case with an open mind. They are not trying to trick you or place words in your mouth. You should answer each question truthfully to the best of your ability keeping in mind the “theme” of your case as your lawyer has developed it.

After you testify, the ALJ will call on the vocational and medical experts to testify. If your SSDI attorney is experienced, he will have a excellent thought what they will be questioned and how to cross examine them. Following this, depending on the how the case has come together and the particular ALJ, your disability attorney may give a closing argument.

In most cases, the ALJ does not announce his choice at the end of the hearing. Again, if your SSI Disability attorney has enough experience, he will have a excellent thought as to how the ALJ will rule. The written choice should be issued from 2-6 weeks after the hearing. If all went well, your back benefits should be received from 2-12 weeks after that date. A final point about benefits, ensure you attorney double checks the calculation. You want to be assured you are receiving the full benefits you are entitled to!

Social Security Disability Insurance Requirements and an Attorney’s Worth

In the United States, any disabled person is eligible to apply for Social Security Disability Insurance or SSDI. This federal program aims to provide financial support to those workers who can no longer perform their jobs and sustain their daily necessities.

Requirements

In applying for disability insurance with the Social Security Administration, the applicants are required to bring the following documents to their initial interviews:

• Social Security Number

• Original copy of birth certificate or any valid document that will prove the applicant’s age

• Names, addresses and contact information of healthcare professionals, hospitals and clinics that rendered their medical services to the applicant, as well as the dates the treatment or rehabilitation took place

• List of jobs and companies done in the past

• Latest copy of the applicant’s W-2 form or federal tax returns if the applicant happen to be self-employed

Note: The SSA is willing to help the applicants to obtain these documents to complete the needed information

Aside form these documents, an applicant must have also met the required number of work credits to qualify for SSDI benefits. The required credits will depend on the age when he started working. Further information regarding this may be seen on the SSA’s website at www.ssa.gov.

How does the SSA Determines Disability

After the applicants submitted their SSDI applications, an evaluation team from the State’s Disability Determination Services (DDS) office will assess their cases. This group of individuals is consisted of a health care specialist and an expert disability evaluator.

The following conditions will be used in determining an applicant’s disability:

• A person’s disability must hinder him from exercising “substantial gainful activities.”

• Impairments included on the approved list of illnesses will be processed directly. Those that are not will still have to be determined based on its severity.

• The applicant’s disability must affect his capability to perform similar jobs that he or she had for the last fifteen years.

• An applicant who receives a monthly income of 0 or above is more likely be denied.

Problems in Applying for Benefits

More often than not, most applicants will receive case denial notice from the SSA on their initial filing. These troubles are usually caused by the applicants’ improper way of filing his petition or their failure to meet the terms set by the SSA. Thus, most of them were not able to convince the Social Security adjuster who decides on their applications.

To resolve these issues, all applicants who are not that sure about the proper filing are encouraged to appoint their Social Security Disability Insurance attorneys. These legal professionals have their capacity to handle any benefits applications until it gain approval from the SSA.

To add, experienced representatives can detach the disabled workers from further stress and burden in pursuing their claims.

To get expert representations, contact our Social Security Disability Insurance attorneys and we will take charge in pursuing a favorable verdict on your benefits claims.

Saving Social Security-The Future Of A Historical Piece Of Legislation

Social security and its future are one of the most controversial issues discussed in politics today, with many different views and outlooks taking center stage. The law that was designed by Franklin D. Roosevelt to protect the elderly and provide services and compensation to them in retirement finds itself in a completely different context today than it was seventy years ago.

Yet, change is nothing new-it is a daily occurrence that has affected social security before, and that will continue to affect social security in the future. Understanding both sides of the issue of social security is vital to ensuring a positive future for this country.

Briefings On The Beginning

The beginnings of social security can be traced back to the tragedy of the nineteen thirties-the Fantastic Depression. It was passed as part of the New Deal, and was very controversial at the time because it was believed that it would lead to a loss of jobs. Yet, the program prevailed. Payroll taxes were first collected in 1937, and retirement benefits were paid that same year.

Changes Throughout The Years

The Social Security Act has proven to be a very flexible program, as it has been altered and changed several times over the years. This is not surprising when taking into consideration the dramatic changes that have occurred in the workforce since its original implementation. The act was expanded in 1939 to encompass farmers and to provide benefits to spouses. Medicare was added in the 1960s. More changes were made in the seventies and eighties. If it was changed in the past, what is stopping it from being changed to meet the needs of the future?

The Problem Of People

Currently, 163 million workers are earning Social Security protection, and Social Security provides benefits to about 50 million people. The future problems associated with Social Security revolve around changing demographics. While the average remaining life span of a 65 year ancient in 1935 was about 12 years, it is currently 18 years. This increase in average life span is one of the major factors contributing to the uncertainty of the future of Social Security.

Another factor is the retirement of the baby boomer’s. The fifties and early sixties saw a huge increase in reproduction, and it is these offspring who will be retiring beginning in the next several years. At the same time that Social Security will need to accommodate more retirees, the amount of people paying taxes on Social Security will decrease from 3.3 people per retiree today to 2.1 people per retiree in 2032. It is the combination of these problems that is causing the panic regarding Social Security’s future.

Solving The Problem

There are many solutions being discussed regarding the Social Security program, and each of them would mean a trade off for Americans. Two of the solutions are somewhat obvious: increase the payroll tax, and decrease the amount of services provided to beneficiaries. These solutions would have obvious ramifications, and might only cause more problems for the future of Social Security than they would solve.

Another possible solution is to allow for early investment in Social Security in the form of a “pre funding” voluntary Social Security savings account. Although workers are currently unable to contribute to their Social Security funds before they retire, this proposal would allow them to do so. Critics say this plot would be expensive to manage, and it would be risky for beneficiaries as well.

A Middle Ground

Just as with any vital issue, it would be nearly impossible to find a solution that would please everyone. Yet, the past of Social Security gives some hope for its future. If Social Security was fluid enough to be changed in the past, then we can have faith that it will be strong enough to handle any future changes.

Saving Social Security-The Future Of A Historical Piece Of Legislation

Social security and its future are one of the most controversial issues discussed in politics today, with many different views and outlooks taking center stage. The law that was designed by Franklin D. Roosevelt to protect the elderly and provide services and compensation to them in retirement finds itself in a completely different context today than it was seventy years ago.

Yet, change is nothing new-it is a daily occurrence that has affected social security before, and that will continue to affect social security in the future. Understanding both sides of the issue of social security is vital to ensuring a positive future for this country.

Briefings On The Beginning

The beginnings of social security can be traced back to the tragedy of the nineteen thirties-the Fantastic Depression. It was passed as part of the New Deal, and was very controversial at the time because it was believed that it would lead to a loss of jobs. Yet, the program prevailed. Payroll taxes were first collected in 1937, and retirement benefits were paid that same year.

Changes Throughout The Years

The Social Security Act has proven to be a very flexible program, as it has been altered and changed several times over the years. This is not surprising when taking into consideration the dramatic changes that have occurred in the workforce since its original implementation. The act was expanded in 1939 to encompass farmers and to provide benefits to spouses. Medicare was added in the 1960s. More changes were made in the seventies and eighties. If it was changed in the past, what is stopping it from being changed to meet the needs of the future?

The Problem Of People

Currently, 163 million workers are earning Social Security protection, and Social Security provides benefits to about 50 million people. The future problems associated with Social Security revolve around changing demographics. While the average remaining life span of a 65 year ancient in 1935 was about 12 years, it is currently 18 years. This increase in average life span is one of the major factors contributing to the uncertainty of the future of Social Security.

Another factor is the retirement of the baby boomer’s. The fifties and early sixties saw a huge increase in reproduction, and it is these offspring who will be retiring beginning in the next several years. At the same time that Social Security will need to accommodate more retirees, the amount of people paying taxes on Social Security will decrease from 3.3 people per retiree today to 2.1 people per retiree in 2032. It is the combination of these problems that is causing the panic regarding Social Security’s future.

Solving The Problem

There are many solutions being discussed regarding the Social Security program, and each of them would mean a trade off for Americans. Two of the solutions are somewhat obvious: increase the payroll tax, and decrease the amount of services provided to beneficiaries. These solutions would have obvious ramifications, and might only cause more problems for the future of Social Security than they would solve.

Another possible solution is to allow for early investment in Social Security in the form of a “pre funding” voluntary Social Security savings account. Although workers are currently unable to contribute to their Social Security funds before they retire, this proposal would allow them to do so. Critics say this plot would be expensive to manage, and it would be risky for beneficiaries as well.

A Middle Ground

Just as with any vital issue, it would be nearly impossible to find a solution that would please everyone. Yet, the past of Social Security gives some hope for its future. If Social Security was fluid enough to be changed in the past, then we can have faith that it will be strong enough to handle any future changes.