The Complexity of the Application Process

Applying for Social Security Disability benefits involves a lot of paperwork and a detailed review of your medical history. The Social Security Administration (SSA) has strict rules and requirements that must be followed. A disability attorney is familiar with these rules and can ensure that your application is filled out correctly and that all necessary documentation is provided. This reduces the risk of delays or denials due to mistakes or missing information.

Attorneys Understand the SSA’s Criteria for Disability

The SSA evaluates your disability claim based on complex criteria. To qualify for Social Security Disability, you must prove that your condition meets the SSA’s definition of disability. This includes demonstrating that:

• You are unable to engage in Substantial Gainful Activity (SGA).
• Your condition is expected to last for at least 12 months or result in death.
• Your medical condition is listed in the SSA’s Listing of Impairments, or it is equivalent to one.

An experienced disability attorney understands the SSA’s process and can ensure that your medical evidence and work history are presented in a way that meets the SSA’s specific criteria.

Gathering and Organizing Medical Evidence

One of the most critical parts of your Social Security Disability claim is providing sufficient medical evidence. This includes your doctor’s records, hospital reports, test results, and a detailed explanation of how your condition impacts your ability to work. A disability attorney can help you:

• Obtain necessary medical records: Attorneys know what type of evidence is needed and can help you request and organize your medical documentation.
• Work with medical professionals: An attorney can work with your doctors to ensure that the medical records provided clearly show how your disability limits your ability to work.

Properly gathering and presenting medical evidence can make or break your claim, and having an attorney assist with this is invaluable.

Navigating the Appeals Process

If your initial application is denied, which happens in about 60% of cases, you’ll have the option to appeal the decision. The appeals process is lengthy and complicated, but an attorney can guide you through it. A disability attorney can help you with:

• Requesting reconsideration: After a denial, you can ask the SSA to review your case again. An attorney can ensure you provide additional supporting evidence to strengthen your claim.
• Preparing for a hearing: If your claim is denied after reconsideration, you’ll have the right to a hearing before an Administrative Law Judge (ALJ). A disability attorney will help you prepare your case, present evidence, and argue on your behalf.

An attorney with experience in disability cases can significantly improve your chances of winning your appeal.

Contingency Fees: No Upfront Costs

One of the main concerns people have when hiring an attorney is the cost. The good news is that disability attorneys typically work on a contingency fee basis. This means you don’t have to pay anything upfront. If you win your case, the attorney will take a percentage of your backpay (the retroactive benefits you are owed for the time you were waiting for your approval).

If you don’t win your case, you don’t owe anything. This fee structure allows you to get the legal help you need without worrying about upfront costs.

Increased Chances of Approval

While it’s possible to apply for disability benefits on your own, statistics show that having an attorney improves your chances of success. In fact, applicants who work with a lawyer are more likely to:

• Have their claim approved.
• Receive higher benefit amounts if their claim is approved.
• Navigate the appeals process more effectively in the event of a denial.

According to data from the Social Security Administration, claimants who hire a lawyer for their appeal process are much more likely to win their case compared to those who don’t.

When You Should Consider Getting an Attorney

While it’s not mandatory to hire a lawyer to apply for Social Security Disability, you may want to consider getting an attorney if:

• Your claim is complicated or involves complex medical conditions.
• You have already been denied and need help with the appeals process.
• You feel overwhelmed by the amount of paperwork and documentation required.
• You have difficulty gathering the medical evidence necessary to support your claim.

An attorney can help streamline the process and take some of the stress out of the application.