When Should I Ask a Lawyer to Help Me With My Disability Case?

You can obtain the assistance of a lawyer at various stages in your application for disability benefits. A Boston disability lawyer can be very helpful, but it’s good to know when to involve a lawyer so that you don’t have to pay unnecessary attorney’s fees.

Generally, there’s no need for a lawyer when you’re just filing an application for disability benefits with the Social Security Administration (SSA). Over 33% of people who file an application for disability benefits are determined to be disabled without ever getting help from a lawyer.

If your application is denied, you can request reconsideration, and roughly 15% of those requesting reconsideration receive a disabled determination from the SSA without getting help from a lawyer. So as you can see, it is possible to be successful without the help of an attorney.

There are cases where an attorney can be of great help, although it is hard to know in advance which cases those might be. In the vast majority of cases, there is no need for a lawyer when you are simply filing your application. Lawyers can’t be of much help until an actual legal controversy exists , such as if the SSA initially denies your application,. Sometimes (although it is quite rare) a legal issue does arise in a case before the SSA makes a determination; in those cases, a lawyer could get involved at that early stage.

A lawyer might consider taking on a case at the reconsideration stage (that is, after the initial determination but before a hearing). Bear in mind that it is more difficult to evaluate a case at this intermediate stage. For example, the Social Security Act requires that an applicant for disability benefits be disabled for one year, and sometimes it is difficult for a lawyer to determine at the reconsideration stage if an applicant will meet that requirement. It is also more challenging for a lawyer to represent a client at the reconsideration stage because SSA is not as receptive to inquiries from lawyers representing clients at that stage. The client may have to do some of the work in locating certain records to provide the attorney who is evaluating the case.

In the majority of cases, you will not need the help of an attorney until you get the reconsideration denial. If you get a reconsideration denial and would like the assistance of a Boston disability lawyer, please call Alida Howard or fill out the form on this page for a free evaluation of your case.