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

Did you understand you can increase your probabilities of winning your Social Security (SSA) Handicap case by more than 50 % if you are represented by an attorney? Basically, that's a dramatic difference and one that every Social Security impairment candidate should heed.

Congressional and SSA's own data confirm this statement holds true. The fact came to light in November 2001, during Congressional testament supplied by Congressman Robert T. Matsui of California. Throughout the hearing Congressman Matsui supplied the following testament:. This information is put together from cost of bankruptcy lawyer.

"Professional representation is a valuable-and undoubtedly vital-service. The handicap determination procedure is complicated. Claimants without professional representation seem far less most likely to receive the advantages to which they are entitled. In 2000, 64 % of complaintants stood for by a lawyer, but just 40 % of those without one, were awarded advantages at the hearing level.".

At the exact same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following statement:.

"As many of you understand, filing for Social Security benefits-especially impairment benefits-is so complicated that many complaintants should hire attorneys to guide them through the procedure.".

Please understand I am not suggesting that you have to have an attorney in order to win your special needs case. Individuals can and do win their cases by themselves. In fact, SSA does not need you to have an attorney, you can represent yourself; but why on earth would you? Congressional and SSA's own data show dramatic distinctions in the outcomes of cases depending upon whether an attorney is included.

I have actually discussed for many years on whether to compose a short article on why one should work with an impairment attorney. I did not want the post to be viewed as self-serving for either myself or my occupation. I know the unfortunate stature lawyers hold in our society, a few of which is been entitled to. I always enjoy the look in a person's eyes when they discover I am an attorney; it is clear they are searching their mind to share the latest lawyer joke ... and most are very funny!

Nevertheless, the statement of Congressmen Matsui and Shaw verifies exactly what SSA and many impairment attorneys have actually understood for years. With such an engaging statistic, it is my hope this post is considereded educational, as opposed to self-serving.

You know the difference a disability lawyer can make in your case ... what can do you do about it? For those of you who are now considering hiring a lawyer, let me supply you with some standard information to assist you in your choice.

1. If you win your Case, you only pay an Attorney's cost!

The response is basic ... you only pay the attorney a charge if you win your case. Normally, every impairment attorney will represent you on a contingency fee basis. Merely put, this means you do not pay a lawyer's fee unless you win your case.

2. General details relating to the attorney's charges.

The SSA and federal law set the lawyer's costs in impairment cases. The conventional cost agreement most lawyers use states the attorney's cost is contingent upon winning your case. The fee is 25 % of all past due benefits for you and your family, approximately an optimum of $5,300, or whichever is less. Some attorneys could make use of a cost arrangement which provides for a maximum cost of $7,000.

It is worth noting that on February 1, 2002, SSA enhanced the optimal basic charge total up to $5,300 from $4,000. This is the first time the fee has been enhanced given that 1990 and simply represented an expense of living change.

Therefore, the lawyer's costs are normally just a portion of the advantages you receive; depending on the quantity of your unpaid advantages, it can be a very little fraction.

3. Exactly what is my case worth if I win?

The answer to this question relies on a variety of aspects including ... how long you have been disabled, when or if you will ever return to work, the amount of your regular monthly advantage and whether you have qualified dependents.

If you are 45 years old, your month-to-month advantage amount is $1,000, and you do not return to work in the past age 65; your case can easily be worth $250,000! As numerous of you know, the rate of medical insurance coverage in middle age, with pre-existing clinical conditions, can be shocking and not inexpensive.

4. If you hire a Special needs Attorney, why you enhance your chances of winning your case.

There are many reasons employing a lawyer can significantly increase the probabilities of winning your case. One significant reason is that special needs lawyers understand the complex laws and laws that figure out success or failure. 2 questions I always ask possible clients are, "Do you know exactly what you should show in order to win your case?" and "If you do not know, how are you going to tackle showing it?

It is crucial that your lawyer believes in your case and that they can win it. I suggest you ask the lawyer how much experience they have with your kind of medical diagnosis and how commonly do they win?

5. What a Lawyer should do to enhance the probabilities of winning your case.

From the beginning, the lawyer needs to state an approach that you both of you ought to follow to win your case. It is essential to understand exactly what is needed to prove your case and exactly how you will set about winning it. The quicker you understand this, the faster you can take actions to perform the technique and consequently enhance your chances of winning. Thus, you ought to consult with and employ an attorney either when you submit your claim or as quickly afterwards as possible.

Based upon my experience in standing for customers nationwide (keep in mind Social Security is federal law and not state specific); actually none of them had a technique or intend on how to win their case prior to they employed me. This is important because most of them were just "doing whatever SSA told them to do" while their claim was being processed. This included seeing SSA's doctors for an examination that typically results in a denial of their claim.

It is essential to understand that SSA is only obliged to investigate your case and is not accuseded of approving it. I am not suggesting that SSA rejects every claim; I'm just stating that my experience after having actually efficiently stood for many clients whose claims were formerly rejected by SSA because evidence was not gotten, not examined or SSA concentrated on what it wanted to in order to support a denial.

In conclusion, if you are contemplating suing for SSA Handicap benefits, I urge you to seek advice from an attorney as soon as possible to help you comprehend the process. The examination should not cost you anything other than your time. By comprehending the process and having a strategy, you will significantly enhance your chances of winning your case.

Please understand I am not recommending that you must have an attorney in order to win your impairment case. I always take pleasure in the look in a person's eyes when they discover I am an attorney; it is clear they are searching their mind to share the newest lawyer joke ... and the majority of are extremely amusing!

The response is basic ... you only pay the attorney a charge if you win your case. Simply put, this implies you do not pay an attorney's fee unless you win your case. The conventional charge contract most attorneys utilize mentions the lawyer's cost is contingent upon winning your case. To get more info check out attorney bankruptcy lawyer.