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Hiring A Representative To Help With A SSDI Claim

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When you appeal at the Administrative Law Judge and above, it is generally recommended that you engage an advocate, usually an attorney that is experienced in such appeals. Even at the lowest level, it is a good idea to have a professional, such as an attorney, at least review your papers before submitting them. If your claim has been denied, it is strongly suggested that you hire a professional to help you appeal.

The National Organization of Social Security Claimants Representatives confirms that while 59% of people who appear at Administrative Law Judge hearings (ALJ) win their appeals, the figure jumps to 75% for those represented by counsel. This is an impressive difference, even if it may be partly explained by the fact that lawyers and advocates tend to take on cases they think they can win.

According to Gayle Troutman, an attorney who practices disability law in Tulsa, OK, another reason to hire an attorney is that he or she can double-check and verify the amount you're granted. As she says: "Ten percent of the award notices are wrong. If it's wrong, we know how to dig further."

An additional benefit to having a professional representative is that she or he can help you have realistic expectations about both the chances of winning, and how much time the process can be expected to take in your local area.

What you should do depends on your comfort zone -- there's no right or wrong.

If you do use a representative to help with your claim, keep him/her up to date about your physical and mental condition.

Attorneys

While you can hire anyone to assist you complete the forms and even represent you to Social Security at any time during the process, only an attorney can help you officially and be paid directly by Social Security from any retrospective benefit you may receive. Most attorneys work on a contingency basis which means they only collect their fee if you win.

Social Security limits what attorneys can charge you and receive the payment directly from Social Security to no more than 25% of your "retroactive benefit" up to a maximum payment to the attorney in 2013 of $6,000. The retroactive benefit is the lump sum you receive from Social Security for the period starting with the date you started earning SSDI until the date of approval.

This fee does not include costs (medical expert or vocational expert consultations and testimony or other expenses). All representatives must abide by the Social Security Administration's standards of conduct regarding fee regulations and cannot charge a fee until that fee is approved by the Social Security Administration.

If Social Security authorizes a fee greater than the amount of past-due benefits withheld, you are responsible for paying the difference to the attorney.

Social Security Disability withholds the fee you authorize from the past due amount and pays the attorney directly.

Your regular monthly payments will not be affected by an award to an attorney.

Attorneys cannot charge a minimum fee. 

For more information on fee schedules, including the fee arrangement process, approval of the fee arrangement, exceptions, and provisions that cannot be included see:http://www.socialsecurity.gov/representation/overview.htm offsite link

NOTE: Overpayments and similar non-retrospective-generating client cases are NOT contingency fee cases.  Attorneys who accept such cases for representation charge an hourly rate, and payment of a retainer is expected. 

Locating An Attorney To Represent You With Social Security

  • The first place to look is at non-profits legal service organizations that will represent you without charge. This would be organizations such as your local Legal Aid Society and other legal services organizations (like the Los Angeles Center for Law & Justice, Bet Tzedek, NY Legal Rights Center, etc.). Not all of these organizations will handle Social Security appeals and those that do usually have income eligibility restrictions, but you should check before moving to private attorneys.
  • If you can't find an attorney to work for no charge, call your local bar association (http://www.abanet.org/barserv/stlobar.html offsite linkor search through one of the sites listed below:
    • The National Organization of Social Security Claimants' Representative can guide you to attorneys and non-attorney representatives who know and are experienced in the Social Security Appeals process. Call 1.800.431.2804 or see www.nosscr.org/index.html offsite link
    • Disability Information and Resources site has a legal section that lists resources for legal help as well as information and books that can assist you. See www.makoa.org/legal.htm offsite link
    • The National Academy of Elder Law Attorneys has a resources site to help you find member attorneys by area of specialty, geography and by name. See http://naela.org/Applications/ConsumerDirectory/index.cfm offsite linkMost Social Security offices also maintain lists of advocates in their area.
  • Before you hire an attorney, check with your local disease specific non-profit organization, social worker, support group and/or other people who have gone through the process for their recommendations and experience with each attorney.
  • Interview each attorney and at least ask:
    • What percentage of your practice is in the area of Social Security Disability? (The higher, the better.)
    • What percentage of cases do you win? (The higher, the better.)
    • How much is your fee?
    • Will you be available to answer my phone calls on a timely basis?
  • For additional information about hiring an attorney, see Choosing An Attorney.

Paralegals And Other Non-Attorneys

  • Paralegals (people who assist lawyers in the delivery of legal services, but who are not attorneys themselves) and other non-attorneys can argue cases before the Social Security Administration. However, it is advisable to be extremely wary about paying such non-attorneys a fee for their assistance.
  • Since only attorneys are entitled to direct payment of fees from Social Security, one of the major areas of fraud is non-attorneys claiming to be attorneys on the Appointment of Representative forms so that they can get direct fee payment from Social Security.
  • These "non-lawyers" are not required to carry "malpractice" or "errors and omissions" insurance so you aren't likely to have a deep pocket to help correct their errors in the event they advise you improperly. They are also not licensed by any agency to provide some assurance about their knowledge and experience.
  • Prospective clients should inquire about attorney supervision of a non-attorney representative before signing any contract about representation.
  • Keeping the above cautions in mind, Disability Services, Inc. has been representing individuals in Michigan with Social Security Disability claims since 1979: see http://www.disabilityawards.com offsite link or call 1.800.374.9950.
  • For more information about representation and about the fees a representative may charge, see the Social Security publication: Social Security and Your Right to Representation. The publication is available online at: 

Paralegals (people who assist lawyers in the delivery of legal services, but who are not attorneys themselves) and other non-attorneys can argue cases before the Social Security Administration. However, it is advisable to be extremely wary about paying such non-attorneys a fee for their assistance.

Since only attorneys are entitled to direct payment of fees from Social Security, one of the major areas of fraud is non-attorneys claiming to be attorneys on the Appointment of Representative forms so that they can get direct fee payment from Social Security.

These "non-lawyers" are not required to carry "malpractice" or "errors and omissions" insurance so you aren't likely to have a deep pocket to help correct their errors in the event they advise you improperly. They are also not licensed by any agency to provide some assurance about their knowledge and experience.

Prospective clients should inquire about attorney supervision of a non-attorney representative before signing any contract about representation.

Keeping the above cautions in mind, Disability Services, Inc. has been representing individuals in Michigan with Social Security Disability claims since 1979: seehttp://www.disabilityawards.com offsite link or call 1.800.374.9950.

For more information about representation and about the fees a representative may charge, see the Social Security publication: Social Security and Your Right to Representation. The publication is available online at: www.ssa.gov/pubs/EN-05-10075.pdf or call 800.772.1213 to obtain a free copy.


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