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Dear
The final lesson in this mini-course series will
discuss Social Security lawyers.
Seriously, an experienced and capable Social
Security lawyer can be of great benefit to you in some cases. In other
situations, I will readily admit, you really do not need a lawyer.
You are permitted to hire a Social Security
lawyer to represent you at any stage in the process. The Social Security
Administration strictly governs what lawyers may charge you and any fee
you pay must be approved by the Social Security Administration.
First, let's discuss an obvious question - how
are you supposed to pay for a lawyer if you are claiming disability and
inability to work?
Stated simply, most Social
Security disability lawyers work on a 'no fee unless you win'
contingency fee basis.
The two most common fee arrangements are as
follows:
A. Fee Agreement - a fee agreement is a contingency contract
(you do not pay if you do not win contract) whereby you agree to pay
your
lawyer 25% of any past due benefits recovered up to $5,300.
B. Fee Petition - a fee petition is an hourly based contract in which
your lawyer keeps his/her time expended on a case and submits a detailed
billing statement to Social Security. You are given the opportunity to
agree, disagree or comment on the billing statement. Often, fee petition
are NOT contingency based fees, meaning that you could owe a fee whether
or not you win.
In either a fee agreement or fee petition case, the Social Security
Administration will withhold 25% of your past due benefits - if any -
for your lawyer and send these funds directly to the lawyer. If the fee
approved is more than 25% you must pay your lawyer directly.
Most Social Security disability lawyers are honest and ethical and earn
their fees. When you hire a lawyer, you are getting the benefit of your
lawyer's time and his expertise in deciding how to develop your case.
At the first two levels of appeal in your case
- the Initial Application and the Reconsideration Appeal, Mr. Ginsberg
is NOT convinced that you necessarily need a lawyer. Speaking
as a lawyer, he says that there is often not much we can do since your
case is in the hands of a Social Security disability adjudicator and
your lawyer does not yet have an opportunity to argue before a Judge.
One of the main reasons Mr. Ginsberg wrote The
Disability Answer Guide was to help disability claimants understand
what is necessary to win a disability case at an early stage of the
process without a lawyer. Although I believe this book has useful
information even after the hearing is requested, it is really meant for
unrepresented disability claimants who are trying to understand how to
fill out Agency forms at the Initial and Reconsideration stages of their
cases.
Now, should you be denied, feel to sick to go it on your
own or get to a hearing, Mr. Ginsberg has a very different
opinion about the need for legal help.
He would not be comfortable
having you appear before an Administrative
Law Judge without a lawyer,
especially since its your responsibility to update
the medical record
before the hearing.
An experienced lawyer who has represented other claimants with medical
or psychological problems similar to yours can be a great help in
creating a strategy to win your case and to know what evidence will be
needed at your hearing.
Further if your lawyer knows the particular Judge, vocational witness
and medical expert that will be involved in your hearing, he can better
prepare for the actual hearing.
As a claimant, your job is to identify each and every health care
provider who has seen you -- identify and describe each and every job
where you have worked -- identify all medications you have taken -- and
point out potential problems, such as past drug abuse or an unfriendly
medical provider that could pop up at any time.
The
Disability Answer Guide will help you become a more prepared
claimant. The Guide will help you get an early start on developing a
solid and favorable record. It will help you focus on the issues
important to Social Security -- and it will eliminate many surprises
that could arise late in the claims process.
The purpose of The
Disability Answer Guide is NOT to serve as a substitute for a
lawyer, but to guide you in developing a workable theory of your case
and to reduce your stress in answering page after page of confusing
forms.
Well, we've come to the end of the mini-course and I certainly hope that
you have gained some knowledge and insight about the Social Security
disability process. As mentioned in lesson one, I do not
share the names on this list and the only person who has access is me.
I want to thank you for giving me this opportunity to write to you.
If you are just getting started or if you are at an early stage of your
claim, I encourage you to consider The
Disability Answer Guide to help you navigate through the large
volume of confusing forms you will soon see.
If you are at the hearing stage and want to better understand the
process so you can better understand what your lawyer ought to be doing,
you may also find my book helpful.
You can order my Disability Answer Guide by clicking on:
The
Disability Answer Guide
To Have A Qualified Disability Attorney Contact
You Quickly Send via Email or Leave
on My
Voice
Mail this Required Information.
Your Name,
Phone Number, State You Live in
and the Words
"Get Me a GOOD Attorney Please!"
Brian@DisabilityBenefitsGuide.com
or 1-800- 529-1597
However
you decide to proceed and whatever road life takes you, I do want to
wish you the best in your pursuit of disability benefits from Social
Security and truly hope this information is used so you will maximize
your chances.
Sincerely,
Brian Therrien
PS - Be sure to put "Brian@DisabilityBenefitsGuide.com" in
your address
book you don't miss ANY of these critical messages.
PPS -
Previous Lessons Here:
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