Are lawyers slowing down Social Security disability cases?
A commenter recently wrote:
BEWARE! Attorneys will stretch out the claim filing because the longer it takes, the more money they get.
As I wrote in Can You Pick Your Lawyer Out of a Line-Up, lawyers should work for their money. So, if you are not getting value from your representative, maybe you should change who you are working with. However, it is something of a myth that lawyers can speed up or slow down Social Security cases. Of course, a lot of this perpetrated by legal advertising. You have probably seen more than one ad touting “Faster Results!”
So, let’s look at this issue.
What are lawyers’ promises of ‘Faster Results’ really about?
In most medium-sized markets, there are often a dozen lawyers, big and small, competing for your business. In a large market, there could be scores of attorneys competing against each other. Nowadays, you can also add large national companies trying to scoop up as many cases as possible like a blue whale trawling for plankton. The competition isn’t for winning your case; it’s for getting hired! While the lawyer/company won’t get paid unless the case is won, they don’t even get a chance to win the case unless you pick them!
However, since Social Security determines the fees lawyers can charge, you don’t see competition on price. Instead, you get the promise of “Whiter Whites!” which in legal circles translates to “Faster Results!” or “99% Success Rate” or “150 Years Combined Experience.” I have written about the last two previously, so let’s consider the faster results pitch.
It is certainly a compelling offer. Who doesn’t want at least a chance of getting their case done faster? However, are you about to sign on with a better firm, or are you just getting flim-flammed?
If a representative promises faster results, the results are faster than what? Faster than the national average? That might only mean that they work in one of 25 states that is processes cases faster than the other 25 states. That may not be saying much.
If an representative claims “most of our cases are approved without a hearing!” To my jaded ears that sounds like they selectively pick cases which are likely to be approved anyway and brief them. Explaining why a case should be approved certainly helps the claimant and counts as work. However, sticking with easy cases is like never getting beyond tic-tak-toe, it doesn’t build legal muscles. Do you get a discount because your case is easy? Probably not.
If you still feel compelled to contact a law firm or non-lawyer representative company promising fast results, remember to ask these four questions:
Email claims Social Security is voluntary and tax deductible – true or false?
An email is making the rounds purporting to be a “history lesson” on Social Security for “young whipper snappers” who “weren’t taught or just didn’t know” the following truths about Social Security. In case you doubt any of these, the email tells you “facts are facts.”
The email tells you:
Social Security is VOLUNTARY and has been since FDR set it up.
Participants would only have to pay 1% of their annual income.
The money put into Social Security would be deductible from the participant income taxes.
Money put into Social Security would go into Trust Fund and not the General Operating Fund.
Annuity payments to retirees would never be taxes as income.
OMG! Voluntary? One percent? Deductible?
IS THIS TRUE?!?!
Social Security myths: you have to wait 60 days after being denied to reapply
I hear this one with some frequency. I am meeting with a client and they tell me that someone at Social Security told them that if they want to appeal, they have to wait sixty days before starting a new claim / filing a new application.
That’s just not true.
You do not have to wait any length of time after a denial before starting a new claim. You can start a new application the same day as you receive the denial.
I think the confusion comes from the 60 day (actually 60 + 5 day) time period you have typically have to file an …
