Life can throw us some unexpected curveballs. When anyone experiences a serious injury, receives a terminal diagnosis or is diagnosed with a long-term illness, it’s never in the plan. It can completely change the course of life.
Any of these things can cause someone to have to deal with chronic pain, being out of work for an extended period, financial strain and the inability to do things once done easily, according to Joyce and Bary Law.
It’s a time when many will consider applying for Social Security Disability (SSD). If someone who has been left disabled wins their claim, it can provide monthly payments that can help them to live comfortably until they can return to work.
Many will attempt to apply for disability on their own first, but in the complex world of disability law, the experience from application to approval can prove to be an uphill battle.
For those who decide to take the journey alone, there can be an overwhelming amount of confusion and uncertainty. Knowing when to enlist the guidance of a seasoned attorney can make all the difference between a denied claim and a successful outcome.
Qualifying for disability
There are some basic requirements one must meet to qualify for SSD. If those requirements are not met, the claim will be denied. You must:
- Have accumulated enough social security work credits.
- Not be engaged in any substantial gain activity.
- Meet the definition of disabled.
- Be unable to perform any job for which you are qualified.
Confusion amid complexity
There is much to understand when it comes to disability law. As such, the administrative process of applying for disability benefits is riddled with complexities that can overwhelm even the most adept claimants.
One of the most daunting aspects for someone navigating the process alone is the paperwork.
“Disability claimants are required to complete numerous forms about their daily activities, work history and medical conditions,” said attorney David S. Bary, with Joyce and Bary Law. “Claimants may find these forms confusing and challenging to complete. My team works with our clients to ensure the forms are complete, accurate and informative.”
Early intervention is key
Bary said the earlier someone can get help in applying for disability, the better, but it’s just as important to choose a disability lawyer who is proactive, will file the application and help at every step.
“Once we file the application, my team deals directly with the agency tasked with making the medical determination,” Bary said. “We ensure forms are submitted promptly, and due to the current backlog, we provide the agency with medical updates and any changes in our clients’ medical conditions.
Attorney vs. non-attorney representation
While non-attorney representatives are permitted to guide claimants through the administrative claims process, there are distinct advantages to opting for an attorney.
“Social Security law is extraordinarily complex and governed by federal statutes, Social Security Rulings and federal case law,” Bary said.
Representation in this domain demands a unique blend of advocacy and legal acumen. Attorneys are equipped not only to navigate this complex landscape but also to represent clients in federal court if necessary.
“Representation in this area of the law includes advocacy and legal writing skills,” he said. “During a disability hearing, I am sometimes required to cross-examine medical or vocational witnesses and provide oral and written objections before the court. Attorneys are trained in these areas and licensed to practice law.”
Understanding attorney fees
The fee structure for disability cases is regulated by the Social Security Administration. Bary said the fee at Joyce and Bary Law is contingent upon winning a case.
“A contingency fee means our client does not owe us an attorney fee unless we win,” he said. “If we win the case, the attorney fee is 25% of the backpay issued to my client.
The Social Security Administration currently caps the attorney fee at $7,200. However, that fee cap is increasing to $9,200 in the fall of 2024.
Exploring legal assistance
For those grappling with the prospect of applying for disability benefits, relying on the legal guidance of a seasoned attorney can not only alleviate the stress of the process, but be the difference between winning and losing a claim.
To learn more about applying for disability, click or tap here.
If you’d like to know if you might qualify for SSD, click or tap here.