Did you know you can boost your odds of winning your Social Security (SSA) Disability case by a lot more than 50% should you be represented by a lawyer? Simply put, that's a dramatic difference and one that each Social Security disability applicant should heed.

https://legal.com and SSA's own statistics confirm this statement is true. The statistic found 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 seem to be far less likely to receive the advantages to that they are entitled. For instance, in 2000, 64% of claimants represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level."[1]

At exactly the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:

"As many of you understand, filing for Social Security benefits-especially disability benefits-is so complicated that many claimants must hire attorneys to guide them through the process." [2]

Please understand I'm not suggesting that you need to have an attorney as a way to win your disability case. People can and do win their cases on their own. In fact, SSA will not require you to have an attorney, it is possible to represent yourself; but why on the planet can 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 a long time on whether to write articles on why you need to hire a disability attorney. I did not want the article to be looked at as self-serving for either myself or my profession. I know of the unfortunate stature attorneys hold inside our society, some of which is deserved. I always enjoy the look in a person's eyes when they learn I am a lawyer; it is clear they're searching their mind to talk about the most recent attorney joke...and most are very funny!

However, the testimony of Congressmen Matsui and Shaw confirms what SSA and several disability attorneys have known for a long time. With this type of compelling statistic, it is my hope this short article can be regarded as educational, instead of self-serving.

Which means you know the difference a disability attorney can make in your case...what can do you do about it? For anybody who are now considering hiring a lawyer, let me present you with some basic information to assist you in your decision.

1. You merely pay an Attorney's fee if you win your Case!

The main question on people's minds is, "How can I afford an attorney when I am not working?" The answer is simple...you merely pay the attorney a fee in the event that you win your case. You do not pay an attorney upfront. Generally, every disability attorney will represent you on a contingency fee basis. To put it simply, this means you do not pay an attorney's fee if you don't win your case. Thus, everyone seeking disability benefits are able a lawyer. The question you ought to be asking yourself is "can I afford never to be represented by a lawyer?"

2. General information concerning the attorney's fees

The SSA and federal law set the attorney's fees in disability cases. The typical 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 could use a fee agreement which provides for a maximum fee of $7,000.

It really is worth noting that on February 1, 2002, SSA increased the utmost standard fee total $5,300 from $4,000. It is the first-time the fee has been increased since 1990 and represented a price of living adjustment.

Thus, the attorney's fees are often just a fraction of the benefits you receive; with respect to the amount of your past due benefits, it's rather a very small fraction.

3. What is my case worth if I win?

The answer to the question depends on many factors including...just how long you have already been disabled, when or in the event that you will ever return to work, the number of your monthly benefit and whether you have eligible dependents.


For example, when you are 45 years old, your monthly benefit amount is $1,000, and you do not go back 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 can be eligible for after being found disabled. As much of you know, the price of medical care insurance in middle age, with pre-existing medical conditions, can be staggering rather than affordable. This needless to say 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 plenty of reasons hiring a lawyer can significantly increase the probability of winning your case. One significant reason is that disability attorneys understand the complicated regulations that determine success or failure. Two questions I usually ask potential clients are, "Are you aware what you need to prove in order to win your case?" and "If you don't know, how are you going to start proving it?

You should hire a lawyer who focuses on Social Security disability law. Furthermore, I really believe it is important to hire an attorney who has expertise in representing people who have your kind of diagnosis. It is important your attorney believes in your case and they can win it. It is advisable to ask the attorney how much experience they have with your type of diagnosis and how often do they win? Any disability attorney ought to be willing to give you this information.

5. What an Attorney must do to increase the chances of winning your case

Right from the start, the attorney should set forth a strategy that both of you of you need to follow to win your case. It is advisable to understand what is essential to prove your case and the way 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 need to check with and hire a lawyer either once you file your claim or right thereafter as possible.

Predicated on my experience in representing clients nationwide (remember Social Security is federal law rather than state specific); literally do not require had a technique or plan on how exactly to win their case before they hired me. This is important because a lot 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 these claim.

It is very important understand that SSA is only obligated to research your case and is not charged with approving it. I'm 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 had not been obtained, not reviewed or SSA centered on what it wished to in order to support a denial.

In conclusion, in case you are contemplating filing a claim for SSA Disability benefits, I encourage you to consult with a lawyer as quickly as possible to help you understand the process. The consultation should not cost you anything except your time. By understanding the procedure and having a technique, you will significantly boost your probability of winning your case.