Can a Case Be Awarded Disability Benefits without the Services of a Social Security Attorney or Other Legal Advocate?
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
The attorney will only be compensated if you win your case. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. An attorney can be paid up to 25 percent of the retroactive benefits you are awarded. There are limits to how much that dollar amount can be. Currently, that limit is just under $6000. Often the money owed to your attorney is subtracted from your retroactive benefits payment automatically by Social Security. 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: If you are filing a disability claim, is it necessary to have legal representation?
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. A large number of claimants whose cases are reconsidered are not approved. The next and last step is then to file a request to have your case heard before an administrative judge. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. 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. Simply contact the disability examiner for your case and ask for an update. 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.
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