Have you filed a claim for Social Security or SSI benefits? Are you thinking about filing a claim? You may wonder if you really need a lawyer or a representative in your claim. The law does not require that you have an attorney or a representative to help you. But before you decide to do it yourself, consider some of the potentially dangerous assumptions that people make when thinking about contacting a lawyer.

Assumption: "My case is so obvious that as soon as they (Social Security) get my records they will give me my benefits."

If this is your thinking, you may be asking for trouble. First, you should never assume that the Social Security Administration will view your physical or mental impairments the way you do. Second, the Social Security Administration will try to gather the important information about your case, but you would be surprised at how frequently the most important records are missed. Third, they may not follow up with your doctor(s) to make sure that all the information has been received.

Fourth, the doctor’s records may not be clear in establishing your disability. Social Security is not required to accept your doctor’s opinion about disability. They may even disregard these opinions in some circumstances.

Lastly, it is not the responsibility of Social Security at any level to prove your case for you. They do not work for you. Their job is to evaluate or judge your case.

Assumption: "Lawyers cost too much."

This is rarely the case. Consider the value of the benefits you are applying for. In most cases these benefits, if awarded, will constitute most, if not all of your monthly income. This income is vital to you and your family.

Social Security rules generally permit an attorney to charge you a fee only if you actually receive benefits. The fee is fixed at 25% of past due benefits or a maximum possible fee of $5,300; whichever is less. This means that if you lose, there is no fee to pay to the attorney. There may be costs or expenses involved in gathering the information in your case and presenting it to Social Security. These costs are usually due at the end of the case, win or lose. In our office we don’t ask for any money up front for anything.

Assumption: "If I get denied I can just reapply."

This is not always true. In the case of Social Security disability (SSDIB) your eligibility may lapse during your first claim. This means that you may not be able to re-apply for this benefit program. Even if you are still eligible, the waiting time to have your claim re-evaluated might be very lengthy.

We have the experience to know what is necessary in each case to prove disability. The following are some of the things we do for our clients:

1. Evaluate your claim and let you know if there is a realistic chance of winning;
2. Gather and review your medical records;
3. Contact former employers and obtain statements from them about your disability;
4. Complete all the necessary forms to submit to Social Security;
5. Request that Social Security send you to a doctor for a specific evaluation;
6. Communicate with your doctor(s) to obtain their opinions concerning your disability;
7. Prepare you for the hearing in front of an Administrative Law Judge;
8. Submit a written argument before or after the hearing to establish that you are disabled;
9. Question or cross-examine witnesses at hearing that may be called by the Social Security Administration to testify in your case;
10. Answer your questions and concerns throughout the process.


If you have been denied by Social Security, or you need help with your claim, call us.