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Does Having an Attorney Determine
Whether
You Win or Lose Your Social Security Disability?
by Scott E.
Davis, Esq.
Did
you know you can increase your odds of winning your Social Security (SSA)
Disability case by more than 50% if you are represented by an attorney? Simply put, that’s a dramatic difference and
one that every Social Security disability applicant should heed.
Congressional
and SSA’s own statistics confirm this statement is
true. The statistic came to light in
November 2001, during Congressional testimony provided by Congressman Robert T.
Matsui of
California . During
the hearing Congressman Matsui provided the following testimony:
“Professional representation is a valuable-and
indeed vital-service. The disability
determination process is complex.
Claimants without professional representation appear to be far less
likely to receive the benefits to which they are entitled. For example, in 2000, 64% of claimants
represented by an attorney, but only 40% of those without one, were awarded
benefits at the hearing level.”
At
the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:
“As many of you know, filing for Social Security
benefits —especially disability benefits — is so complicated that many claimants
must hire attorneys to guide them through the process.”
Please
understand I am not suggesting that you must have an attorney in order to win
your disability case. People can and do
win their cases on their own. In fact, SSA
does not require you to have an attorney, you can represent yourself; but why
on earth would you? Congressional and SSA’s own statistics show dramatic differences in the
outcomes of cases depending on whether an attorney is involved.
I
have debated for years on whether to write an article on why one should hire a
disability attorney. I did not want the
article to be viewed as self-serving for either myself or my profession. I am aware of the unfortunate stature
attorneys hold in our society, some of which is deserved. I always enjoy the look in a person’s eyes
when they learn I am an attorney; it is clear they are searching their mind to
share the latest attorney joke…and most are very funny!
However,
the testimony of Congressmen Matsui and Shaw confirms what SSA and many
disability attorneys have known for years.
With such a compelling statistic, it is my hope this article is viewed
as educational, rather than self-serving.
So
you know the difference a disability attorney can make in your case…what can do
you do about it? For those of you who
are now considering hiring an attorney, let me provide you with some basic
information to assist you in your decision.
1.
You only
pay an Attorney’s fee if you win your Case!
The
number one question on people’s minds is, “How can I afford an attorney when I
am not working?” The answer is
simple…you only pay the attorney a fee if you win your case. You do not pay an attorney upfront. Generally, every disability attorney will
represent you on a contingency fee basis.
Simply put, this means you do not pay an attorney’s fee unless you win
your case. Thus, everyone seeking
disability benefits can afford an attorney.
The question you should be asking yourself is “can I afford not to be
represented by an attorney?”
2.
General
information regarding the attorney’s fees
The
SSA and federal law set the attorney’s fees in disability cases. The standard fee agreement most attorneys use
states the attorney’s fee is contingent upon winning your case. The fee is 25% of all past due benefits for
you and your family, up to a maximum of $5,300, or whichever is less. Some attorneys may use a fee agreement which
provides for a maximum fee of $7,000.
It
is worth noting that on February 1, 2002 , SSA increased the maximum standard fee amount to
$5,300 from $4,000. This is the first
time the fee has been increased since 1990 and simply represented a cost of
living adjustment.
Thus,
the attorney’s fees are usually only a fraction of the benefits you receive;
depending on the amount of your past due benefits, it can be a very small
fraction.
3.
What is my case worth if I win?
The
answer to this question depends on a number of factors including…how long you
have been disabled, when or if you will ever return to work, the amount of your
monthly benefit and whether you have eligible dependents.
For
example, if you are 45 years old, your monthly benefit amount is $1,000, and
you do not return to work before age 65; your case can easily be worth
$250,000! This amount does not include
the value of the Medicare or Medicaid insurance you will be eligible for after
being found disabled. As many of you
know, the price of medical insurance in middle age, with pre-existing medical
conditions, can be staggering and not affordable. This of course assumes that an insurance
company is willing to insure you.
4.
Why you
increase your odds of winning
your case if you hire a Disability Attorney
There
are many reasons hiring an attorney can significantly increase the odds of
winning your case. One significant
reason is that disability attorneys understand the complicated laws and
regulations that determine success or failure.
Two questions I always ask potential clients are, “Do you know what you
need to prove in order to win your case?” and “If you do not know, how are you
going to go about proving it?
You
should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is important to
hire an attorney who has expertise in representing people with your type of diagnosis. It is important that your attorney believes
in your case and that they can win it. I
suggest you ask the attorney how much experience they have with your type of
diagnosis and how often do they win? Any
disability attorney should be willing to provide you with this information.
5.
What an
Attorney should do to increase
the odds of winning your case
From
the beginning, the attorney should set forth a strategy that you both of you
should follow to win your case. It is
critical to understand what is necessary to prove your case and how you will go
about winning it. The sooner you know
this, the sooner you can take steps to execute the strategy and thereby
increase your odds of winning. Thus, you
should consult with and hire an attorney either when you file your claim or as
soon thereafter as possible.
Based
on my experience in representing clients nationwide (remember Social Security
is federal law and not state specific); literally none of them had a strategy
or plan on how to win their case before they hired me. This is important because most of them were
simply “doing whatever SSA told them to do” while their claim was being
processed. This included seeing SSA’s doctors for an examination that often results in a
denial of their claim.
It
is important to understand that SSA is only obligated to investigate your case
and is not charged with approving it. I
am not suggesting that SSA denies every claim; I’m simply stating that my
experience after having successfully represented many clients whose claims were
previously denied by SSA because evidence was not obtained, not reviewed or SSA
focused on what it wanted to in order to support a denial.
In
conclusion, if you are contemplating filing a claim for SSA Disability
benefits, I encourage you to consult with an attorney as soon as possible to
help you understand the process. The
consultation should not cost you anything except your time. By understanding the process and having a
strategy, you will significantly increase your odds of winning your case.
Congressional
and Social Security’s statistics do not lie – it is penny wise and pound
foolish not to hire a disability attorney.
Best of luck to you and
remember to keep
fighting for the benefits you deserve!
Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation.
Call (602) 482-4300, 8:30 am to 5:30 pm, Mon. to Thu., or email: info@scottdavispc.com.
Visit his website at
www.ScottDavisPC.com.
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The information presented here should not be
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