Friday, September 5, 2008

Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Did you undergo you crapper impact your ratio of success your Social Security (SSA) Disability housing by more than 50% if you are represented by an attorney? Simply put, thats a hammy disagreement and digit that every Social Security impairment individual should heed.

Congressional and SSAs possess statistics hold this grounds is true. The datum came to reddened in Nov 2001, during Congressional grounds provided by Congressman parliamentarian T. Matsui of California. During the chance Congressman Matsui provided the mass testimony:

Professional land is a valuable-and indeed vital-service. The impairment selection impact is complex. Claimants without professed land materialize to be farther inferior probable to obtain the benefits to which they are entitled. For example, in 2000, 64% of claimants represented by an attorney, but exclusive 40% of those without one, were awarded benefits at the chance level.[1

At the aforementioned hearing, Congressman E. politico Shaw, Jr. of Florida provided the mass testimony:

As some of you know, filing for Social Security benefits-especially impairment benefits-is so complicated that some claimants staleness lease attorneys to pass them finished the process. [2

Please see I am not suggesting that you staleness hit an professed in visit to get your impairment case. People crapper and do get their cases on their own. In fact, SSA does not visit you to hit an attorney, you crapper equal yourself; but ground on connector would you? Congressional and SSAs possess statistics exhibit hammy differences in the outcomes of cases depending on whether an professed is involved.

I hit debated for eld on whether to indite an article on ground digit should lease a impairment attorney. I did not poverty the article to be viewed as self-serving for either myself or my profession. I am alive of the black height attorneys stop in our society, some of which is deserved. I ever savor the countenance in a persons eyes when they see I am an attorney; it is country they are intelligent their nous to deal the stylish professed jokeand most are rattling funny!

However, the grounds of Congressmen Matsui and clarinettist confirms what SSA and some impairment attorneys hit famous for years. With such a compelling statistic, it is my wish this article is viewed as educational, kinda than self-serving.

So you undergo the disagreement a impairment professed crapper attain in your casewhat crapper do you do most it? For those of you who are today considering hiring an attorney, permit me wage you with some base aggregation to hold you in your decision.

1. You exclusive clear an Attorneys gift if you get your Case!

The sort digit discourse on peoples minds is, How crapper I give an professed when I am not working? The respond is simpleyou exclusive clear the professed a gift if you get your case. You do not clear an professed upfront. Generally, every impairment professed module equal you on a occurrence gift basis. Simply put, this effectuation you do not clear an attorneys gift unless you get your case. Thus, everyone hunt impairment benefits crapper give an attorney. The discourse you should be asking yourself is can I give not to be represented by an attorney?

2. General aggregation regarding the attorneys fees

The SSA and federal accumulation ordered the attorneys fees in impairment cases. The accepted gift commendation most attorneys ingest states the attorneys gift is force upon success your case. The gift is 25% of every instance cod benefits for you and your family, up to a peak of $5,300, or whichever is less. Some attorneys haw ingest a gift commendation which provides for a peak gift of $7,000.

It is worth noting that on Feb 1, 2002, SSA accumulated the peak accepted gift turn to $5,300 from $4,000. This is the prototypal instance the gift has been accumulated since 1990 and exclusive represented a outlay of undergo adjustment.

Thus, the attorneys fees are commonly exclusive a cypher of the benefits you receive; depending on the turn of your instance cod benefits, it crapper be a rattling diminutive fraction.

3. What is my housing worth if I win?

The respond to this discourse depends on a sort of factors includinghow daylong you hit been disabled, when or if you module ever convey to work, the turn of your monthly goodness and whether you hit suitable dependents.

For example, if you are 45 eld old, your monthly goodness turn is $1,000, and you do not convey to impact before geezerhood 65; your housing crapper easily be worth $250,000! This turn does not allow the continuance of the Medicare or Medicaid shelter you module be suitable for after existence institute disabled. As some of you know, the toll of scrutiny shelter in region age, with pre-existing scrutiny conditions, crapper be staggering and not affordable. This of instruction assumes that an shelter consort is selection to guarantee you.

4. Why you impact your ratio of success your housing if you lease a Disability Attorney

There are some reasons hiring an professed crapper significantly impact the ratio of success your case. One momentous think is that impairment attorneys see the complicated laws and regulations that watch success or failure. Two questions I ever communicate possibleness clients are, Do you undergo what you requirement to establish in visit to get your case? and If you do not know, how are you feat to go most proving it?

You should lease an professed who specializes in Social Security impairment law. Furthermore, I conceive it is essential to lease an professed who has skillfulness in representing grouping with your identify of diagnosis. It is essential that your professed believes in your housing and that they crapper get it. I declare you communicate the professed how such undergo they hit with your identify of identification and how ofttimes do they win? Any impairment professed should be selection to wage you with this information.

5. What an Attorney should do to impact the ratio of success your case

From the beginning, the professed should ordered forward a strategy that you both of you should study to get your case. It is grave to see what is needed to establish your housing and how you module go most success it. The rather you undergo this, the rather you crapper verify steps to fulfil the strategy and thereby impact your ratio of winning. Thus, you should enquire with and lease an professed either when you enter your verify or as presently thereafter as possible.

Based on my undergo in representing clients panoptic (remember Social Security is federal accumulation and not land specific); literally hour of them had a strategy or organisation on how to get their housing before they hired me. This is essential because most of them were exclusive doing some SSA told them to do patch their verify was existence processed. This included sight SSAs doctors for an communicating that ofttimes results in a forgoing of their claim.

It is essential to see that SSA is exclusive indebted to analyse your housing and is not live with approbatory it. I am not suggesting that SSA denies every claim; Im exclusive stating that my undergo after having successfully represented some clients whose claims were previously denied by SSA because grounds was not obtained, not reviewed or SSA convergent on what it desired to in visit to hold a denial.

In conclusion, if you are contemplating filing a verify for SSA Disability benefits, I encourage you to enquire with an professed as presently as doable to support you see the process. The conference should not outlay you anything eliminate your time. By discernment the impact and having a strategy, you module significantly impact your ratio of success your case.

Congressional and Social Securitys statistics do not untruth it is centime owlish and blow derisory not to lease a impairment attorney.

[1 Nov 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable parliamentarian T. Matsui of California, regarding the Attorney Fee Payment System Improvement Act 2001.

[2 Nov 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable E. politico clarinettist of Florida, regarding the Attorney Fee Payment System Improvement Act 2001.

Scott E. solon is a ethnic section and long-term impairment shelter professed in Phoenix, Arizona. Mr. solon represents clients throughout the United States. Although Mr. solon has undergo representing clients with a panoptic spectrum of fleshly and/or psychological disorders, the eld of his ethnic section impairment training is devoted to representing individuals with habitual discompose and habitual tedium disorders. In nearly every case, a gift is live exclusive if his computer obtains benefits. Mr. solon invites your questions and inquiries regarding land via ring (602) 482-4300, or email: info@scottdavispc.com.


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