SOCIAL SECURITY DISABILITY
An experienced social security lawyer like Mark Tracy can be very helpful to you in many ways, such as ensuring that that you have applied for all disability programs for which you may be eligible.
SOCIAL SECURITY DISABILITY
Should I Hire a Social Security Disability Lawyer?
An experienced social security lawyer like Mark Tracy can be very helpful to you in many ways. An experienced social security lawyer like Mark Tracy can make sure that you have applied for all disability programs for which you may be eligible. For example, social security claims offices sometimes fail to process files in a timely manner. An experienced social security lawyer like Mark Tracy can gather the evidence to prove that an application was filed, thereby counting as a "protective filing" and preserving the claimant's rights.
An experienced social security lawyer like Mark Tracy can also determine if you are eligible to "reopen" old applications. In some cases, a prior application, even one filed three or four years earlier, can be reopened, thereby making you eligible for years of back benefits and thousands of dollars.
An experienced social security lawyer like Mark Tracy can evaluate your case and suggest a strategy to win your case. After handling hundreds of cases, most attorneys have a fairly good perspective as to what cases are winnable and what cases are not, and what it takes to win a case. While an attorney's opinion is not a determination of how your case will end up, he/she can offer you the benefit of experience. More importantly, if you decide to hire an attorney, he/she will make sure that your case file is up-to-date with all medical records. In addition, he/she will work with your doctors to "translate" your medical problems into work limitations so that Social Security can evaluate your claim properly.
If you choose to hire an attorney, most cases are handled on a "contingency" basis, meaning that the attorney is paid only if the case is won. An attorney's fee is typically 25% of any past due benefits collected for you.
"No Fee Unless You Win" - How Social Security Lawyers Get Paid
You may be surprised to learn that in most cases, you will not need any up-front money to hire an experienced social security lawyer like Mark Tracy to represent you in your Social Security disability case.
Social Security lawyers generally accept disability cases under a contingency fee contract. A "contingency fee" means that there is no legal fee due unless the lawyer wins your case. Contingency fee contracts for legal services are also popular in automobile accident cases, malpractice case, workers' compensation cases.
There are advantages and disadvantages to you when you enter into a contingency fee contract for your Social Security disability case.
The biggest advantage to you is that you will not have to come up with any up front money to pay an experienced social security lawyer like Mark Tracy. Experienced lawyers can charge as much as $150, $200 or more per hour of work. Imagine how difficult it would be to come up with $2,000 or $3,000 when you are unable to work and trying to claim your disability benefits!
When you enter into a contingency fee contract, you and the lawyer are sharing the risk of your case. After all, a lawyer could spend hours and hours preparing and trying your case, only to lose because of an unfriendly judge.
For this reason, you need to take your claim seriously and make every effort to listen to and follow a lawyer's advice. For example, one of the biggest issues lawyers face in Social Security cases has to do with their client's lack of on-going medical treatment. You have the responsibility of attending all doctor's appointments as well as keeping your lawyer updated about any new treatment you may be receiving. Also, if you get the sense that your doctor is not supportive of your claim, you need to let you lawyer know so that you and your lawyer can decide if it makes sense for you to seek treatment with a friendlier doctor.
As you can see, you and your lawyer are a team when it comes to winning your Social Security case. Your contingency fee lawyer is relying upon you to actively pursue your case and to keep him or her updated as to medical treatment.
Social Security has special rules for contingency fee contracts in disability cases. If you and an experienced social security lawyer like Mark Tracy enter into a "fee agreement," the most that Mr. Tracy can be paid is 25% of your past due benefits with a limit of $6,000.
Now, what are the disadvantages of entering into a contingency fee contract, and what are your options?
Although contingency fee contracts are a popular and useful way for Social Security disability claimants to retain the services of skilled and experienced lawyers, you need to think carefully about what a contingency fee means before you sign a contract.
By signing a 25% contingency fee, you are agreeing to pay the lawyer 25% of your past due benefits regardless of the action taken by the lawyer to win your case. For example, if you hire an experienced social security lawyer like Mark Tracy when your case is being considered for reconsideration, and Social Security approves it before the lawyer has actually taken any action on your behalf, you will still owe him 25% of past due benefits and the Social Security Administration may withhold 25% of your past due benefit check to pay the lawyer.
The Social Security case evaluation process includes an initial application, a reconsideration appeal and hearing appeal. Many lawyers do not get involved in a case prior to the hearing stage because that is where they can really help their clients. Before signing any contract at the initial or reconsideration stage, ask the lawyer what he expects to do for you in exchange for 25% of your past due benefits. There are certainly some situations where it makes sense for you to hire an experienced social security lawyer like Mark Tracy at initial or reconsideration, but you need to be certain in your own mind that you understand why.
In the vast majority of cases, the standard 25% contingency fee contract serves both you as the claimant and the lawyer as your legal representative. You get the benefit of experienced legal counsel without an up front cost, and your lawyer gets the benefit of a lump sum fee if your case is approved.
"No fee unless you win" does not mean "free" legal services; it really means "delayed payment" legal fees. As long as both you and your lawyer fully understand and discuss fee payment arrangements, both of you should conclude your case - win or lose - with mutual admiration and respect.
Frequently Asked Questions
The following is from the website of NOSSCR National Organization of Social Security Claimants' Representatives
1. What is the definition of disability used by Social Security?
Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
2. How many different types of Social Security disability benefits are there?
There are at least five major types of Social Security disability benefits. Disability Insurance Benefits is the most important type of Social Security disability benefits. It goes to individuals who have worked in recent years (five out of the last 10 years in most cases) who are now disabled. Disabled Widow's and Widower's Benefits are paid to individuals who are at least 50 and become disabled within a certain amount of time after the death of their husband or wife. The late husband or wife must have worked enough under Social Security to be insured. Disabled Adult Child Benefits go to the children of persons who are deceased or who are drawing Social Security disability or retirement benefits. The child must have become disabled before age 22. For Disability Insurance Benefits, Disabled Widow's or Widower's Benefits and Disabled Adult Child benefits, it does not matter whether the disabled individual is rich or poor. Benefits are paid based upon a Social Security earnings record. Supplemental Security Income benefits, however, are paid to individuals who are poor and who are disabled. It does not matter for SSI whether an individual has worked in the past or not. SSI child's disability benefits are a variety of SSI benefits paid to children under the age of 18 who are disabled. The way in which disability is determined is a bit different for children.
3. How do I apply for Social Security disability benefits?
The best, surest way to file a Social Security disability claim is to go to the nearest Social Security office in person and wait (often for a few hours) to see someone to file the claim in person. In the alternative, a person may contact Social Security by telephone and arrange for a telephone interview to file the claim.
4. I am disabled, but I have plenty of money in the bank. Do I have to wait until this money is gone before I apply for Social Security disability benefits?
No. If you have worked in recent years or if you are applying for Disabled Widow's or Widower's benefits or Disabled Adult Child benefits, it does not matter how much money you have in the bank. There is no reason to wait to file the claim.
5. I used to work but lately I have been staying home taking care of the kids. I have now become sick. Can I get Social Security disability benefits?
Possibly. If you have worked five out of the 10 years under Social Security before becoming disabled, you will have enough earnings in to potentially qualify for Social Security disability benefits. For individuals 31 or less, the requirements are a little different, since such individuals have not had such a long time to work. Unless a person has been staying home and taking care of their children for quite a long time, however, it is very possible that they will qualify for Social Security disability benefits based upon their own earnings. Also a homemaker, if poor enough, can qualify for Supplemental Security Income (SSI) whether he or she has worked in the past or not.
6. How long do I have to wait after becoming disabled before I can file for Social Security disability benefits?
Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.
7. I am still on sick leave from my employer. Can I file for Social Security disability now or do I have to wait until the sick leave is exhausted?
No, you do not have to wait until the sick leave is exhausted. You should file for Social Security disability benefits now, if you believe that you will be out of work for a year or more.
8. I got hurt on the job. I am drawing worker's compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until the worker's compensation ends?
You do not have to wait until the worker's compensation ends and you should not wait that long. An individual can file a claim for Social Security disability benefits while receiving worker's compensation benefits. It is best to file the Social Security disability claim as soon as possible because otherwise there may be a gap between the time the worker's compensation ends and the Social Security disability benefits begin.
9. Can I get both worker's compensation and Social Security disability benefits?
Yes. There is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid. In a few states the offset works the other way - - worker's compensation benefits are reduced because of Social Security disability benefits.
10. How can I tell if I will be found disabled by Social Security?
Unless your disability is catastrophic (such as terminal cancer, a heart condition so bad that you are on a heart transplant waiting list, total paralysis of both legs, etc.), there is no easy way for you to tell whether you will be found disabled by Social Security. In the end, the decision of whether or not to apply for Social Security disability benefits should not be based upon whether or not the person feels that Social Security will find them disabled. Attorneys familiar with Social Security disability can make predictions about who will win and who will lose, but even they can seldom be sure. An individual should make the decision about whether or not to file for Social Security disability based upon their own belief about their condition. If the individual feels that he or she is disabled and is not going to be able to return to work in the near future, the individual should file for Social Security disability benefits. If denied, the individual should consult with an attorney familiar with Social Security disability to get an opinion as to the chances of success on appeal.
Social Security Disability Resources |
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