Here is a frequent question:
When should I hire an attorney to help me on Social Security disability benefits case?
Imagine you are skydiving for the first time. Would you wait until you are in the plane going up for your first jump before asking how to open the parachute?
You may already know that many attorneys will not take a case until the initial application has been denied. But that is not always the case!
You can hire an attorney at any time:
- Before you apply. Some attorneys will help you apply and complete all the necessary paperwork and documents, online or offline.
- After you apply. After the application is completed and you have a receipt for your application, the attorney helps you gather evidence for Social Security’s initial review of your case.
- After the initial denial. This is when most people get an attorney. If you have been denied, the attorney helps you appeal the denial and build up your case for the hearing with an administrative law judge (ALJ).
- Once the hearing is scheduled / After the hearing has been continued. CAUTION
- After the hearing denial. DANGER
Since I would not recommend learning how to skydive on the way up to your first jump, I believe you should hire a lawyer before steps 4 and 5.
Now that we have covered when you can hire a lawyer, let’s talk about when you should hire a lawyer.
Tips on when to hire an attorney/lawyer:
Get an attorney as soon as you decide you want one! Do not wait until the last minute!
Ok, so I really should get a lawyer early on in my case. Should I hire an attorney before or after I get denied?
This is a matter of personal comfort. During the initial application process, you are mostly filling out forms and Social Security is obtaining evidence on your case (at not charge to you). An attorney can certainly help you and can increase your chances of being approved during the initial application and review stage. However, Social Security might approve your case during this initial stage even if you do not have a lawyer.
So the question is, do you want to pay the lawyer 25% of your back benefits when you were filling out all the forms?
This grossly oversimplifies the issue. But, this is what the question boils down to for many people.
Most people hire an attorney/lawyer to help after the initial denial.
After you are denied, the lawyer can help you complete the appeal, review your case for any problems, and help you build your evidence to get your case ready for the hearing in front of an Administrative Law Judge (ALJ). Also, the attorney can get YOU ready, so you know what to expect at the hearing and can calmly answer the Judge’s questions.
My hearing was continued to let me get an attorney. You say I shouldn’t wait until the last minute. Are you saying I shouldn’t hire an attorney?
NO! If you did not hire an attorney earlier, you should still hire an attorney even if it is at the last minute. But, if you can hire an attorney earlier, the attorney can do a lot more for you.
Forget it, I will just do my best at the hearing and if I get denied, I will get a lawyer then.
Let me let you in on a secret: I refuse the majority of cases that come to me with a hearing denial, unless the individual is willing to start a new case. Here is why.
But, what if I don’t want to hire an attorney?
You do not have to have a lawyer on your Social Security case. Even though some attorneys try to scare you into thinking you have to have an attorney, you should not hire an attorney out of fear.
I personally believe, and statistics support this, an attorney can greatly increase your chances of winning. But, ultimately, the choice is yours.
