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Social Security Disability Benefits:
How To Apply,
How To Win
Take back control of your life
Published with updates since 1994
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How To Apply, How To Win Take back control of your life Published with updates since 1994 |
 Features |
 Table Of Contents |
Chapter One |
About The Author |
How Long it Takes
| Allowance/Denial Rates
| Do I Need a Representative? |
 News |
| Self-Evaluation Quiz |
Hearing Video
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Blog:Safety Net Knot |
Site Map |
Critical Information Not Found Anywhere Else |
SSA Pyramid Scheme |
Your Health |
How Much Would My Benefits Be |
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There is no substitute for the law. When it comes to formulating an argument, it is critical that the legal precepts are considered in their order of importance and proper context. If one is out of place,someone who knows the law can put it back or make an end run around it in a way that is legally acceptable. There are more fundamental reasons why representation is critical to your case. Represented claimants get more careful attention than those who are not represented. In general, a representative is able to get more accurate information faster about your case - where it is, how long it will take to process at any given stage. And, s/he is better able to ask the right questions of your doctors; information that is more in line with SSA Disability law. To an Administrative Law Judge at the hearing level, representation signals to the judge that the representative believes that the case can be won since most cases taken by representatives are on the basis of getting paid only if the case is won. Often it also means that ALJ's job will be made easier because the representative should have been able to get evidence which is written in a way that is consistent with SSA Disability law. Moreover,statistics show that represented claimants increase their chances of winning by over 3 times those who are not represented. One more tremendous advantage the representative has is simply that s/he knows the ALJs - how they conduct hearings, the kinds of things they usually look for, and what to expect from each one. A representative can also ensure that you get all the money that you are entitled to by asking that your previous applications be reopened and payments be made back to your earliest application, or earlier, if you qualify. Your representative should also tell you what to expect at a hearing, what you should and should not do, and how to properly respond to questions asked by the ALJ. Your representative should know whether or not you should be tested by a vocational expert and/or psychologist, and what tests are needed. The standard fee that most qualified representatives charge, and is accepted by SSA, is 25% of the past due benefits, with a maximum cap of $5,300. Past due benefits are those you are paid from the date the ALJ says you were disabled - usually when you were no longer able to work - (minus the 5 month waiting period under the Title II program) to the month before you are paid your regular monthly benefit check. Additional charges for postage, the costs of getting medical records, phone calls, making copies and special testing are also normally charged in addition to the standand 25% fee. Without special testing these charges should not usually total more than $300. With special testing, the charge could be as much as $1,000, but is well worth it since more than likely, you would lose without it. Usually, it is best to stay away from representatives who ask for a fee whether they win or lose. It is impossible for a representative to have your best interests at heart if s/he gets paid either way. Look for those who specialize in SSA disability cases. Some attorneys take on SSA disability cases without knowing the law and botch them up miserably - at the claimant's expense. It is not necessary to be a lawyer to represent claimants. Ask the representative you are thinking about hiring what his or her record is; that is, what is the percentage of cases s/he has won out of the total s/he has handled. If the percentage is in the area of 65, that is not much better than the national average of cases won without representation. Look for a win percentage of 85 and higher. So, why, you ask, did I write a book explaining it all? Primarily, to make it easier for patients to understand the system and perhaps be able to win benefits at the lower levels on their own. Also, if one chooses to hire a representative, it's still comforting to know that your representative is going in the right direction. And, knowing the process, often the patient can offer suggestions that could well have been overlooked by the rep. |
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3 Special Reports:
"The 5 Biggest Mistakes Made When Trying to Win Social Security Disability
Benefits
The Case of The Disappearing Credits and How
to Remedy It
The Judge Says You're Lying: What To Do
About It
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