The unfortunate reality about disability insurance is that many claimants who file for Social Security are denied, particularly during their appeal for benefits. Legal representation, such as a Social Security disability attorney, can increase your chances of approval during your initial claim, or if need be, during your appeal process.
Who Should File for Social Security Disability?
Social Security is a type of disability insurance that pays benefits to recipients and certain members of their family who meet specific criteria. The recipient must have worked for a long enough period in order to be eligible. In addition, they must have a medical condition currently preventing them from working, one that is expected to prevent them from working for a minimum duration of 12 months, or one that is expected to end in death. Although the Social Security Administration (SSA) does not mandate it, individuals who are looking to submit claims for this benefit can utilize legal representation for the process.
Obtain Representation as Soon as Possible
One of the biggest mistakes that potential claimants make in the filing process is that they don’t seek out a Social Security disability attorney as early as possible. The truth of the matter is that securing legal representation early in the process can potentially lead to a desirable outcome. How? A lawyer who is knowledgeable about this particular claim process can give you the benefit of their experience, and most importantly, they can present your case in the most legally favorable light.
According to the SSA, many applicants only seek out a disability attorney after their initial claim has been denied. Certainly, lawyers versed in these types of disability claims are more than willing to assist a claimant with what is called the reconsideration appeal process; however, there is usually very little that they can do once a claimant has been denied. In fact, the SSA reports that the reconsideration appeal rate is between 85 and 87 percent, which only serves to emphasize the grave importance of obtaining counsel before beginning the filing process. The majority of the cases won during the appeal process are the result of the legal representation’s labor.
Other Information to Consider
A disability attorney is entitled to receive 25 percent of the claimant’s back payment in the event of a win in court. This is standard operating procedure, and the fees should alarm no potential claimant looking for legal representation. However, be advised that the fee is typically deducted from whatever back pay is owed to the claimant first before the claimant receives their benefit.
Expertise in this particular type of disability takes focus. As a result, a Social Security disability attorney that only deals with this type of law is likely your best bet should you have a choice between a lawyer whose time is divided between other areas of the law and one who solely devotes their time to these types of cases.
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