If you decide to hire a Social Security disability representative or attorney, his or her job is straightforward: to help you win your disability claim. A disability attorney does this by knowing the law, carrying out tasks that may be difficult for you to do, following the case as it progresses, and preparing your appeal for a hearing in front of an administrative law judge, if necessary.
The attorney should secure copies of any and all medical records on your disability, and make sure these records are forwarded to the Social Security Administration. If Social Security requests any further information, or needs to schedule a medical examination, your attorney will assist by communicating with the disability examiner and making sure you are aware and ready for any appointments.
If your claim is denied and you wish to file an appeal, the attorney will fill out the necessary paperwork and get a copy of your Social Security file. He or she will update your file with any new medical records, test results, prescription lists, and statements from anyone who knows about your disability and can testify, knowledgeably, about your limitations. The attorney will also work with your doctors to get supporting statements on your condition. The attorney will attend the hearing, argue your case before the judge, and question any witnesses or experts whom you or Social Security bring. If the appeal is denied, the attorney will then request a review of the case by Social Security’s appeals board. The attorney will have to file a brief that explains, in detail, why the judge’s decision is incorrect and why you should be accepted as disabled and paid benefits.
Attorneys who represent you for a Social Security disability claim will ask you to sign a retainer agreement, laying out the terms of the representation and the amount of the fee. By law, this fee is limited to 25% of the past-due benefits that are owed to the claimant by the Social Security Administration. The maximum amount that a representative can collect is capped at $5,300.00. The fee is drawn from past-due benefits that Social Security owes you. Your attorney will not collect this fee unless you win your case.
A disability claim can be a long, hard slog for anyone, especially those who are disabled and need help navigating the thicket of rules, regulations, and deadlines surrounding the process. Having an attorney represent you in this task can be invaluable, and make the difference between winning and losing your claim.