When to Talk to a Social Security Disability Lawyer
Legally Reviewed and Edited by: Terry Cochran
If you are out of work in Michigan because of a disability, you may be wondering at what point it becomes imperative to speak with a social security lawyer.
When you are unable to work because of a disability, you can feel as if your entire life has been upended. Without a steady income, individuals and families on disability are left wondering how long it will take before debts begin to overwhelm them.
A social security lawyer can take the uncertainty and indecision out of your financial future and help you continue to lead the dignified life you deserve. The following guide and answers to some frequently asked questions can help you determine just when to contact a disability lawyer to help you regain control of your life.
First steps
The first step in opening a disability claim is to complete an application for benefits with the Social Security Administration.
This can be done online or in person. Though a disability lawyer does not need to be present for this step, it is not a bad idea to contact an attorney specializing in disability claims to help you fill out the form most efficiently and advantageously for your situation.
As there are usually deadlines for submitting information, try to respond promptly to all correspondence regarding your claim to avoid having it denied because of a missed deadline.
In addition, “insufficient evidence” is one common reason given when a claim for benefits is denied. While much of what the Social Security Administration bases their decision on comes from your doctor, going to medical appointments and keeping your doctor informed about changes in your health can make it much easier for him to provide the correct documentation to support your claim.
What do I do if my claim is denied?
It is not unusual for a disability claim to be rejected upon its initial review: Data shows that only about 35% of claimants are approved for disability when they first apply.
After a denied claim, it becomes more important that you hire a disability lawyer to help you navigate the appeals process, as it becomes increasingly challenging to achieve benefits after an initial denial.
The first appeal, called a Reconsideration Appeal, must be filed within 60 days of the initial denial. As the name suggests, during a Reconsideration Appeal, a review board will reconsider your information and determine if the decision to deny benefits was made in error.
How can a social security lawyer help?
Many disability claimants give up after they receive a denial, which is unfortunate, as it is not unusual for a claim to be initially rejected. When a disability claim is allowed to progress to the point where it is heard before an administrative law judge, it is much more likely that it will be approved.
In fact, it is it 50% more likely that a claimant will win disability benefits when represented by a social security lawyer who understands the appeals process.
As an expert who is familiar with both the process and the specific judge that handles your case, a disabilities attorney knows what is necessary in terms of supporting evidence. Your lawyer will work with doctors to obtain the necessary information to present the case before a judge.
Although it may take up to 12 months before your claim is heard, your likelihood of winning the case with your lawyer is good. In addition, your disability lawyer can work on your behalf to achieve a more favorable benefits commencement date.
Can I afford a Social Security Disability Lawyer?
When you are unable to work due to an injury or accident, the idea of managing the expense of hiring a lawyer may seem impossible.
However, if you work with a reputable law firm, it is very likely you will not be expected to pay anything upfront.
Federal law limits the compensation a disability lawyer can receive to 25% of your retroactive benefits, or $6,000.00, whichever sum is lower.
The takeaway
Retaining the services of a social security disability lawyer is your best option when you are going through the process of pursuing compensation for your disability. Contact the experts at Cochran, Kroll, & Associates in Michigan at 866-MICH-LAW for your free consultation today.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.