Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?
A: Your lawyer would only be paid if you are awarded disability benefits. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.
Q: If you are filing a disability claim, is it necessary to have legal representation?
A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. You will need to file for reconsideration within 60 days of when you were notified of denial. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.
Q: Is it possible to keep track of where your file is after you apply for disability benefits?
A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).