Question 1

How Do Fees Work?

Accepted Answer

Fees are contingency-based—you pay only if you win. SSA must approve any fee, and there are statutory caps that limit the fee taken from past-due benefits. If you need us to gather your medical treatment records for you, you may be responsible for out of pocket case costs, which we discuss with you in writing.

Question 2

How Will We Communicate?

Accepted Answer

Effective attorney-client communication is essential to a successful representation. On matters important to their Social Security disability case, our clients communicate directly with their attorney, Jared Walker. All case preparations usually can be handled through e-mail, phone, or video communications. But we schedule appointments to meet with clients if needed.

Question 3

How Long Does the Process Take?

Accepted Answer

In our experience, Social Security takes an unreasonably long time to adjudicate disability cases. Timelines vary by the stage of the process and local Social Security office workloads. Initial decisions can take 6 to 12 months; reconsideration and hearing stages often take longer. Most cases are denied at the initial and reconsideration stages. The government workers at those first two stages are poorly trained and do not pay attention to the law governing disability cases. After the first two stages, you have the right to a hearing with an SSA judge. If your case was denied, the hearing stage is your first fair opportunity to show that you meet the legal standards for disability. Because Social Security cases take so long, it is essential you hire an attorney who will prepare your case effectively for the hearing.

Question 4

When Should I Hire a Social Security Disability Attorney?

Accepted Answer

Having a good attorney on your side for your disability hearing is a smart move. Prior to the hearing, an attorney is of limited value to your case. The truth is an attorney can not help you win your case prior to the hearing. So as long as you don’t miss any deadlines after a denial, you do not need an attorney at the first two stages of SSA’s process. And hiring a bad attorney too early in your case can make it difficult to hire a good attorney later, at the hearing, when you need it. You should only hire an attorney when you are confident the attorney appreciates the high-stakes of your Social Security disability case.

Question 5

What Does a Good Social Security Disability Attorney Do?

Accepted Answer

An effective SSD attorney evaluates benefit eligibility, develops a tailored evidence plan, assists you in collecting medical records and opinions, requests administrative subpoenas of adverse government experts paid to sink your case, prepares detailed forms and briefs, manages deadlines and appeals, prepares you to testify at your hearing, represents you at hearings, questions and challenges government vocational experts who claim you are employable despite your limitations, and develops an effective legal record at the hearing to appeal a bad decision up to U.S. District Court if necessary.

Question 6

What Does a Bad Social Security Disability Attorney Do?

Accepted Answer

An ineffective SSD representative may be an attorney or may have never gone to law school or practiced law. A representative is not required to have a law license to handle a Social Security disability hearing. A bad attorney will have an unlicensed assistant represent you at your hearing. A bad attorney will not spend enough time preparing you to testify. A bad attorney will allow government-hired vocational and medical experts to testify against you unchallenged. A bad attorney will be unable to appeal your case up to federal court if necessary to win your benefits. In our experience, Social Security Disability law is filled with bad attorneys. Be careful who you hire.

Question 7

What Happens at the ALJ Hearing?

Accepted Answer

We prepare you thoroughly to testify, question vocational or medical experts, and submit any written materials needed to effectively present your case to the judge. Hearings are private and typically conducted by phone, video, or in person. Your testimony and medical evidence are central. Also important is your attorney’s ability to challenge SSA’s claim that you can perform jobs in the economy.

Question 8

Can I Work While Applying?

Accepted Answer

Working can affect eligibility, depending on your earnings and the type of benefits. Some limited, part-time work may be allowed, but earnings at or above certain thresholds can undermine a claim. Talk with us before changing work activity so we can advise on strategy.

Question 9

Do Prior Denials Hurt My Case?

Accepted Answer

Absolutely not, as long as the government’s evidence that supported the denial is effectively addressed at the hearing. We analyze what went wrong, confront gaps, and, when appropriate, amend the onset date or file a new application while appealing. Consistent, updated medical evidence and witness statements is key. Having an experienced, trained advocate with an understanding of complex Social Security law is also valuable at your hearing.

Question 10

How Does Back Pay Work?

Accepted Answer

If you win, you may receive past-due benefits dating back to an approved onset date, subject to SSA rules on waiting periods and benefit types. SSA pays your attorney fee from a portion of back pay and sends you the rest, sometimes in installments depending on the program.

Question 11

Do I Need To Wait for More Treatment Before Applying?

Accepted Answer

Not necessarily. If you are unable to work because of your conditions, apply as soon as possible and continue with the treatment you need. Social Security’s disability process can take many months or even years. For truly disabled people unable to work, applying soon to get the process started is usually the right next step.

Question 12

How Do I Apply for Social Security Disability Benefits?

Accepted Answer

The easiest way to start a new case is usually by applying online at SSA’s website. You can also call Social Security to get started or visit a local SSA office.

Question 13

Do I Need an Attorney To Apply for Social Security Disability?

Accepted Answer

Absolutely not. There is no strategy involved with the application. If you are disabled and unable to do any work, you should file an application to get the process started. An attorney will be able to address any issues with the application later, including through the hearing stage.

Question 14

Why Do Some Social Security Disability Law Firms Say an Attorney Should Help With the Application?

Accepted Answer

Because those law firms want to stake a claim for fees if your case ultimately wins. Once you hire a law firm, that firm usually can take fees from your past-due benefit award even if you terminate that law firm’s representation later. So be careful who you hire.

FAQs