Social security Disability Attorney
Help from an attorney specializing in social security disability claims or help from a non attorney representative comes in several varieties. The first thing they do is periodically check the status of the disability case. It is very important to know where you are in the process. Your representative should be staying on top of the case given its importance to you.
The next service they provide is problem resolution. Disability claims are rife for problems. Whether they are caused by the person seeking disability or the Social Security Administration doesn't make much difference.
Problems delay the process and sometimes cause an unnecessary denial. Denials must be appealed and this further lengthens the process.
Part of problem resolution as well as case management involves providing necessary information to the case disability Examiner. Your case will be assigned to a person called an Examiner. He or she requires certain information. Without it, you will certainly be denied. With it, you extend the possibility of a favorable resolution.
Your representative should give you the correct social security disability application as well as the correct social security disability forms. Because you will need to start your initial step in the process without being rejected immediately, it is important to have the correct documentation.
Also, as your case is proceeding through the social security labyrinth, you may be asked for certain papers or documents. Your representative should be able to contact you for those papers along with helping you obtain them should you have to go to another agency to get them.
Assuming your case is denied, your representative should be familiar with the appeals process. This means filing the correct social security paperwork required for appeals together with the right format and in a timely manner.
Your representative should be available to answer your questions and have access to the process as it goes along. Also, should you have paperwork or documentation you deem important, your representative should know if this new material will help or hinder your case. If it will help, they should know the procedure to get it admitted into your file.
Representative Fees
Representatives are allowed to charge a fee for their work. This fee must first be approved by the Social Security Administration (SSA). It is highly recommended you ask your representative not only what they charge but who will be paying the fee.
Your fee can be paid by a non-profit or any other organization approved by the SSA. The SSA may also pay the fee. As of this writing, it is 25 percent of the combined titles II and XVI past-due benefits amount or $5,300 whichever is lower.
That means if your representative wants more than $5300 something is incorrect in the fee proposed. However, the SSA allows the representative to petition for a higher payout but they have to wait until the SSA has rendered a decision in your case.
Since the fee structure is subject to change, it is extremely wise to understand what you will pay and when it is due. You also need to know if the representative is already in the system and charging another entity for accepting and working your case.
By the way, if your case is denied in appeals, the representative remains entitled to their fee. The SSA does not prohibit the representative from charging a fee simply because the case was denied.