Each case is not the same, but it is often in your best interests to work with SSI benefits attorney or a non-attorney representative when pursuing disability benefits provided by the Social Security Administration (SSA). The two main types of SSA disability benefits are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), which use a similar application and appeals procedure.
Claimants are not needed to employ legal assistance when appealing an SSDI or SSI decision by the SSA, although representation can assist in a variety of ways. Having a representative considerably increases your odds of not just winning a claim however also securing a beneficial disability beginning date, which ultimately affects your advantage quantity.
In some cases it is beneficial to look for legal recommendations for the initial filing procedure, however representatives generally don't get involved up until the appeal process. If you pick to seek legal aid, you might hire either a Social Security Disability legal representative or a non-lawyer representative. However keep in mind, you have just 60 days to submit an appeal and must alert the SSA first if you prepare to hire an agent.
Should You Hire an Attorney or a Non-Attorney Representative?
If you pick to be represented, you will have to choose between a special needs attorney and a non-attorney disability agent. Neither lawyers nor non-lawyer agents get paid unless you win your claim; both are paid straight by the SSA from your benefits; and both are entitled to the exact same fees.
While non-attorney representatives need to finish a particular quantity of continuing education courses and pass an SSA-administered exam, lawyers must be confessed to a state bar after completing a juris doctorate degree (J.D.). But each kind of representative has its pluses and minuses, so make certain you discover the right fit.
Accredited disability attorneys are bound by the commitment to zealously represent their clients, a basic not officially needed of non-lawyer representatives, and usually have many years of experience crafting legal arguments. Only lawyers may appeal your claim to the federal district court. And if you think your attorney supplied low quality counsel, you might submit a formal complaint (not so with non-attorney agents).
Lots of lawyers who handle Social Security disability claims also practice various types of law (such as divorce or individual injury) and might not have the knowledge needed to effectively handle a claim. Non-attorney disability representatives, on the other hand, are frequently exclusively concentrated on disability claims. Also, non-attorney representatives may be more happy to handle a customer who has a slim chance of success, while some lawyers mainly take cases with a fairly high likelihood of dominating.
Hiring a Representative to Appeal Your Claim
If your claim is denied or you are otherwise unhappy with the outcome, you may file a reconsideration appeal. While some claimants may seek representation at this level, reconsideration appeals typically result in a denial. It can make more sense to wait up until you get a hearing in front of an administrative law judge (or ALJ), which is the second appeals level.
Stats show that plaintiffs are twice as likely to be approved at an impairment benefits hearing if they have an attorney or non-attorney representative. A representative can do the following on your behalf before and throughout the hearing:
- Gather the necessary medical records
- Obtain doctors' viewpoints of your condition
- Thoroughly examine your medical records
- Prepare you for concerns asked by the Administrative Law Judge
- Ask the vocational specialist (employed by the SSA for the hearing) vital questions during cross-examination
Also, an attorney or non-attorney representative most likely recognizes with the different judges you are likely to deal with at your hearing. Your agent can change his or her approach to the hearing appropriately.
Guidelines for Representation in a SSDI or SSI Case
The first thing you need to do once you choose to employ a representative is notify the SSA in writing, using the SSA's Appointment of Representative kind (PDF, Form SSA-1696-U4). If your representative is not a licensed lawyer, he or she need to sign their name on the type.
Social Security disability attorneys and non-lawyer agents deal with contingency, meaning they do not make money unless you do. You and your representative will sign a contingency cost contract, based on SSA approval, which enables the agency to pay the representative straight (if you win your claim).
Your agent might be paid no greater than 25 percent of your benefit amount (or $6,000, whichever is less). He or she might furthermore charge you for out-of-pocket expenses, such as the expense of obtaining medical records, without the SSA's approval.
If you choose you are unhappy with your agent, you may look for another one. But bear in mind that you end up paying more than the previously mentioned $6,000 limit if you need to pay more than one attorney or non-attorney representative. You likewise may need to pay additional out-of-pocket expenses.
Discover the Right Attorney for Your Social Security Disability Claim
Finding the ideal attorney can be just as frustrating as determining whether you need a lawyer in the first place. But remember that most lawyers will click here provide a totally free preliminary consultation prior to any monetary commitments are made. Get going on your claim process today by reaching out to a knowledgeable Social Security disability law attorney.
About Troutman & Troutman, P.C.
At Troutman & Troutman, P.C., disability law is all we do. Since 1993, our attorneys have been helping people throughout Oklahoma get the Social Security benefits they deserve. We handle claims for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Our team shares a commitment to assisting clients at every stage of a Social Security claim. We can help with your initial application, including securing medical records and filing the paperwork. At the same time, we can explain your right to back pay and Medicare or Medicaid as part of your benefits. If you receive a denial, we can represent your best interests in an appeal hearing. Applying for Social Security disability in Oklahoma is complicated. Whether you suffered a disabling work injury, developed a medical condition or face other hardships, our SSI and SSDI attorneys can offer you a free consultation. There is no fee for our services unless you obtain benefits.
For more information contact:
Troutman & Troutman, P.C.
1350 South Boulder Avenue Suite 410
Tulsa, Oklahoma 74119
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