Social Security Disability Attorney Fees

People are sometimes reluctant to seek an attorney's advice for legal issues. Many times people are concerned that they cannot afford to be represented by a disability attorney and therefore they decide to represent their own disability benefits case. While you are allowed to represent yourself, doing so because you are concerned with cost is not necessarily the right reason. Many attorneys charge fees only if you win social security disability benefits.

When looking for an attorney for your social security disability claim it is important to find one that you are comfortable with. Having trust in your attorney to win your disability case is crucial. It is also important that you know how all SSD attorney fees are structured. One way disability attorney fees can be structured is to only collect if you win benefits and draw attorney fees from your pool of back benefits pay.

What this does is create a situation that requires your attorney to win disability benefits for you in order to collect attorney fees. If your attorney does not win, then you pay no fees. This puts you in a situation where you have nothing to lose (and everything to gain). Equally important to paying attorney fees only if you win is to ensure you receive your full disability benefits that do not include attorney fees. This is done by capping attorney fees.

Capped Attorney Fees for Winning a Disability Claims

What is a fair disability attorney fee for winning your case? You don't want to feel that you paid too much in attorney fees, but at the same time if you represent yourself and lose you'll be kicking yourself because you didn't consult with an attorney to represent your disability claim. A practice that appeals to claimants is to pay disability attorney fees using back benefits that are owed to you. This is the time period from the date you became disabled to the time you win benefits.

Back Benefits and Disability Attorney Fees

Many do not know that you may be able to receive back disability benefits from the date of disability. It is important to know that you can apply for disability benefits the day you become disabled. If you win disability benefits you may receive back benefits from the date you became disabled. These back benefits are capped at on year prior to the date you filed for disability. Another words, if you wait longer than one year to apply for disability from the date you became disabled you will not be able to collect those benefits. These back benefits pool is a place where attorney fees can come from. It is ideal for the claimant for benefits to come from a pool of back benefits and not future benefits.

Having Doubt with Self Representation

If you are having doubts with self-representing it is recommended you speak with an experienced attorney that is knowledgeable with social security disability cases. Find a lawyer that you trust to represent your claim and look into how attorney fees are structure. Ideally you want to pay only if the attorney wins your disability claim and ensure attorney fees are capped on your back benefits.


Learn more about Social Security Disability Lawyers

SSD Lawyers and ODAR, DDS, Disability Eligibility

How do you determine is you are eligible for disability benefits? The Social Security disability benefits claim process can seem confusing. There are a lot of good resources on the web, such as SSA.gov.

There are alot of terms that might be new to you (DDS and ODAR for example). Here is an overview of disability eligibility.

After your Social Security disability application is complete, the Social Security office reviews it to determine if you meet the essential disability benefit requirements. This group looks at your work history, age and also if you are applying for benefits on behalf of a family member. After this is complete, the Social Security office sends your application to your state's Disability Determination Services (DDS) office.

DDS - Disability Determination Services

Your state's Disability Determination Services (DDS) reviews your disability application to decide whether you quality for disability under the Social Security law at the first two stages:

1. Application
2. Reconsideration

ODAR - Office of Disability Adjudication and Review

Should your disability claim be denied a "Request for Reconsideration" by the Disability Determination Services your claim will be removed from the state level and assigned to a Federal Law Judge. Should your case make it to this stage your Social Security disability attorney should begin preparing you and your disability claim for a court hearing.

SSD Lawyers and Disability Eligibility

SSD Lawyers are able to help you with your Disability Eligibility paperwork. It is important your disability lawyer has a dedicated legal team to help you process your Social Security Disability Application. In addition to your disability application, additional paperwork will be required to document your claim. Your SSD lawyer should work with you to collect and assemble required paperwork. This paperwork typically includes the Social Security disability application in addition to medical records that document your disability impairments.



Learn more about Social Security Disability Lawyers

Who is Eligible for Social Security Disability (SSDI) Benefits?

Social Security Disability (SSDI) is a federal program that pays benefits to you and to certain members of your family. To qualify for Social Security Disability you need to provide the the SSA with a documented impairment that prevents you from workings (called vocational limitations). In addition to your medically documented impairment, you will need to have worked long enough and paid Social Security taxes.

The Federal law is strict when defining "disability." According to the U.S. Social Security Administration, "Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death." There are two tests that help guide Social Security, the recent work test and duration of work test. These tests act as general guidelines for the Social Security representatives.

How do I meet the earnings requirement for disability benefits?

As a general guideline to qualify for Social Security Disability (SSDI) benefits you must meet two different earnings tests:

1. Recent Work - This test is based on your age at the time you became disabled.


2. Duration of Work - This test shows that you worked long enough under Social Security.

Note: Certain blind workers must only meet the "duration of work" test.

The information below (from Social Security Online) show the rules for how much work you need for the “recent work” test and "duration of work" test. The rules in the first table are based on the calendar quarter in which you turned or will turn a certain age.

Definition of Calendar Quarter:

First Quarter: January 1 - March 31

Second Quarter: April 1 - June 30

Third Quarter: July 1 - September 30

Fourth Quarter: October 1 - December 31

SSD Recent Work Test

- Younger than age 24 (worked 1.5 of the last 3 years prior to your disability beginning)

- Age 24 - 31 (Your Age minus 21, divided by two) For example if you became disabled at age 28, then you would have needed to work 3.5 years from the time you turned 21 (28-21 / 2 = 3.5)

- Age 31 and older (worked 5 of the last 5 years prior to your disability beginning)

The following table shows examples of how much work you need to meet the “duration of work test” if you become disabled at various selected ages. For the “duration of work” test, your work does not have to fall within a certain period of time.

NOTE: This information does not cover all situations.

Age of Disability – Years of Work Generally Needed

Before age 28 ~ 1.5 years of work

Age 30 ~ 2 years

Age 34 ~ 3 years

Age 38 ~ 4 years

Age 42 ~ 5 years

Age 44 ~ 5.5 years

Age 46 ~ 6 years

Age 48 ~ 6.5 years

Age 50 ~ 7 years

Age 52 ~ 7.5 years

Age 54 ~ 8 years

Age 56 ~ 8.5 years

Age 58 ~ 9 years

Age 60 ~ 9.5 years

Lawyers and Social Security Disability (SSDI) Benefits

It is recommended that you apply for SSDI benefits as soon as you become disabled. The application process can be lengthy, lasting three to five months for processing. When applying for SSDI, the Social Security Administration will need you to complete an application for Social Security Benefits and the Disability Report. If you are having a difficult time getting this information together a SSDI Benefits Lawyer can help you assemble the required paperwork and apply for SSDI Benefits.

Learn more about Social Security Disability Lawyers

SSI Disability DDS Reconsideration

If your initial SSI Disability claim was denied, there is a good chance when you file for Reconsideration (first appeal), you will also be denied.

DDS – Disability Determination Services

DDS is the state level for disability claims. Their job is to initially determine which social security disability benefits cases qualify to receive benefits. If you lose your initial claim the same group that just denied your disability claim will review your claim again. For your disability claim to win Reconsideration the DDS would have to admit they were wrong with the initial claim.

As bleak as this sounds--expect your disability claim to be denied at the Reconsideration level.

Appealing the Disability Claim to a Social Security Judge

Presenting your disability case to a judge is the third attempt to gain disability benefits. This judge will review the claim and any disability medical records. During this appeal it would be beneficial to have a SSI Disability Lawyer present representing your case. Disability lawyers can help organize your case so it is presented best to an appeals judge.

Remember, if your SSI Disability claim is denied at the initial level don’t give up! It is frustrating, but most likely your claim will also be denied by DDS at the Reconsideration level. To help affect the process consider consulting a SSI Disability Lawyer early in the process. These lawyers will have present your case and increase your chances of wining disability benefits.


Learn more about Social Security Disability Lawyers

Appealing a Denied Social Security Disability Claim

Often deserving SSDI claims are denied because the proper documentation is not in place to support the claim. When an application is denied there is an appeal process.

Understanding the Social Security Disability Appeal Process

You have options should your claim be denied. Please do not give up. You can appeal your denial by filing a request for reconsideration within 60 days of your claim being denied. Should this appeal also be denied there is another appeal in the form of a hearing. This hearing is held before a Social Security judge.

Social Security Judges vs. Claim Agents

Your case will initially be handed by a Social Security claim agent to determine if you qualify for SSDI. Should your case be denied and you appeal your case will be presented to a Social Security Judge. These judges have more decision making power than claim agents. When having an appeal hearing before a judge it is recommended having a social security disability lawyer present. This will greatly improve your chances of winning your SSDI claim.

Social Security Appeals Council and Federal District Court

If you lose your hearing there are still two options:

1. The Appeals Council
2. Federal District Court

Should your case make it to this level you should seek out the representation of an experienced lawyer.

As you can see, it can take time to get your SSDI claim approved. Should you lose your case initially, don't panic. There are several appeal opportunities. If you feel you need help building your SSDI claim then look to consult an experienced lawyer that has experience with SSDI claims.


Learn more about Social Security Disability Lawyers

Preparing for a SSI Hearing

Having your SSI case denied at the initial and reconsideration levels is scary. The next step is to request a SSI hearing. If you are not working with an attorney for your SSI hearing you may want to consider doing so. The earlier a social security disability attorney gets involved in the earlier the process can be affected.

Attorneys can make a difference: Statistics have shown that claimants have much better chances of winning their SSI claim when a SSI attorney or legal representative is helping with the case. Most often attorneys will accept social security disability income cases under the contingency that a fee is only required unless you win your case. This means there no up front fees.

Attorneys help build your SSI claim: Filing the proper paperwork is part of the battle. To present your case you will want to also provide doctor notes about your disability. In addition, you should be able to provide your theory of disability in under three sentences.

Receiving SSI Disability back payments: It is important to know that you may receive back SSI benefits from the date you became disabled, but these benefits are capped at one year before the date you filed for social security disability benefits.


Learn more about Social Security Disability Lawyers

Your SSI Disability Hearing and Doctor Notes

If you were a judge, which statement has more impact?

1. “Ouch it hurts!”
2. “I am unable to stand/work for more than 15 minutes every 3 hours.”

Statements like “Ouch it hurts!” will not give a judge specific vocational limitations at your SSI hearing. Your case needs to have supporting material that documents your disability. Getting supporting material and documents for your disability claim takes time. This is where a SSI lawyer working with your doctor can be a good resource.

Translating Medical Records: Have you ever noticed how much of your medical file with your doctor is handwritten? Often difficult to read, doctor’s notes are very important and can make or break your SSI disability claim. Your doctor’s primary focus is helping with the treatment of your disability. If Social Security cannot understand your doctor’s handwriting, your case could be at risk. It is important your lawyer has your doctor’s medical notes in a form that is legible. Your lawyer will want to translate your doctor’s medical findings into work limitations to help build your SSI case.



Learn more about Social Security Disability Lawyers

How to Apply for SSI Disability Benefits

People want to know when they should apply for SSI disability benefits. As soon as you become disabled you may file for disability benefits by phone (1-800-772-1213), mail or by visiting the nearest social security office.

It is important to note that you may received back benefits from the date you became disabled, but these benefits are capped to one year before the date you filed for social security disability benefits.

Remember, the longer you wait to get started, the longer it will be until you receive your benefits and you can lose some disability benefits forever by waiting too long.

Lawyers can help you receive back SSI disability benefits
If you have more detailed questions about filing for SSI disability benefits or looking to receive back benefits for a disability please contact a SSI lawyer. The sooner a lawyer gets involved in your case, the earlier the process can be affected.




Learn more about Social Security Disability Lawyers

Who Decides If I Qualify for Social Security Disability?

To qualify for social security disability income (SSDI) several criteria will be examined. You must send you completed application to the Social Security office where it will be reviewed to see if you meet the basic requirements for disability benefits.

Social Security and Employment History
Social Security personnel will look at whether you have worked long enough and recently enough to qualify for social security benefits. They will also look at your age and examine if you are applying for the benefits as a family member.

Disability Determination Services (DDS) office
The Social Security office will send your application to the Disability Determination Services (DDS) office in your state. DDS personnel will determine whether you are disabled under the Social Security law at the first two stages:

1. Application
2. Reconsideration

Note: An appeal removes your claim from the State Agency and then assigns it to a Federal Administrative Law Judge with the Office of Hearings and Appeals.

SSDI Lawyers
Having a SSDI Lawyer can help you process your case with your local Disability Determination Services office. Your chances of winning your social security disability claim are greatly increased with a lawyer representing your disability case.

Do I need a lawyer for my SSDI case?

People often ask, “Do I need a lawyer to help me with my social security disability income (SSDI) claim?

Social Security personnel are trained to answer with a "no." This is because you have the option to represent yourself.

Let's Rephrase the question…

Are my chances of winning better if I hire a lawyer than if I do it on my own?

The SSA personnel are specifically trained to answer this question as well. The response you will receive: "We cannot answer that."


The Benefit of Lawyers representing your Social Security Disability Income Claim:

Across the country people that have lawyers representing their SSDI claim win more often than people that don't. It's just that simple.

This blog is resource for all looking to win their SSDI benefits claim. To discuss your individual situation or if you require additional resources, please talk to a social security disability lawyer for a free consultation.