Will A Social Security Attorney Help Keep Track of Where Your Claim Is in the Process?
11/16/09
Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
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. 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. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.
Q: Do you have to have an attorney in order to be awarded social security disability benefits ?
A: It is possible to be awarded benefits without the help of a social security attorney. 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. It would be beneficial to have an advocate like a social security attorney, if you would like to file an appeal. 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. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. The majority of cases that win during the hearing process have been represented by an attorney. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.
Q: Is it possible to keep track of where your file is after you apply for disability benefits?
A: Making sure you know how your claim is progressing is very smart. 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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