As anyone who’s ever done this will tell you, applying for disability benefits is a long, arduous process that is complicated as well as confusing.  You should consider getting a disability lawyer from the get go!  Many applicants don’t understand how to fill out the required paperwork or submit the correct medical documentation. It’s the main reason why more than 65% of disability claims are denied at the first application.

Another reason is that most people don’t normally deal with Social Security and so are unfamiliar with the process.  A good disability attorney understands the claim, the process, the laws surrounding disability claims, and what’s needed for a successful claim.

You do have the right to legal counsel, but it’s not a requirement. But there are reasons why you should consider working with a disability lawyer before you apply for benefits. You undoubtedly need financial help and messing around with this process may end up a waste of time, especially if you eventually need a disability lawyer to help anyway.

Consultation with a Disability Lawyer

While it’s true that an attorney is not required, the truth is that their knowledge and expertise go a long way in making it easier on you and increasing your chances of success.

You will want to look for a disability lawyer offering a free consultation to discuss your situation. You can use that consultation to discuss your reason for filing a claim and they can tell you what you need to know going forward.

You’ll also have a better idea of what you need to get started. They can tell you about the medical records, test results, and other medical documentation you’ll need for your application. They can also advise you on specific situations that you are experiencing and how to approach them before you start.

If it make sense after the consultation, you can hire the lawyer to handle this on your behalf. At Herren Law, all work is done on contingency meaning you will not be charged a fee unless we win your case.

Your Claim

After speaking with an attorney, starting the process will be easier. You’ll know what you need and where to get it. If you decide to hire a disability attorney, you’ll have expert advice every step of the way and minimize any guesswork. You’ll know that your application is correct before filing and you have everything you need.

Should your application for some reason lack any information or documentation, you can consult with your attorney to find out what you need to do to remedy this situation.

If your initial application is denied, even with expert help, you’ll already have legal counsel that  can guide you through the appeals process. You won’t have to worry that the attorney doesn’t understand your case because he or she should already be familiar with your situation. This makes it easier to work your appeal. Your attorney can advise you on your application, your appeal, and represent you if you are required to go to a hearing.

How Much Does It Cost?

That’s always the biggest question–money. Disability attorneys don’t work for free but may work on a contingency fee basis, like Herren Law Firm does. This means that they get paid when you receive a settlement because they receive a portion of it. If the attorney is unsuccessful, they will not be allowed to be paid. Therefore, most attorneys are motivated in successful outcomes.

The Social Security Administration has rules that limit the amount of money a lawyer can charge you and they also approve your fee agreement with an attorney.  The attorney cannot charge more than $6000, or 25% of your back pay, whichever is less. Their payment is taken from your past-due benefits and sent directly to the attorney. The SSA does this to avoid any extra charges. The attorney is paid directly so you won’t have to deal with that part.

Be aware that your attorney may bill you for some out-of-pocket expenses, such as obtaining medical reports. These are not subject to approval by Social Security.

The amount that they are paid will also depend on where you are in your application process. If you are beginning your application, the attorney will likely be awarded 25% of any back pay you receive. But since there isn’t much in the way of backpay from an initial application, their portion of the settlement will be much less. But if you are in an appeal situation, chances are your back pay will be a higher amount. In this case, attorney fees are capped at $6000, even if the 25% figure would be higher.

Social Security has more information on your right to representation by legal counsel.

Let Herren Law Help

Applying for disability is difficult and dealing with a large government agency like Social Security can be intimidating. But we can help you at the beginning and ensure that the process is as smooth as possible. If you have been denied benefits, we can help you file an appeal if appropriate.

If you believe you have a claim or have already been denied,  call the Herren Law Firm today at (713) 682-8194 or (800) 529-7707 to schedule your free consultation.  We are experienced in helping people successfully navigate through the application and appeals process, and we can help you too.