Should You Hire a Disability Attorney Before Filing Your SSDI Claim?

Many people across the country who have suddenly become disabled have numerous questions about applying for Social Security Disability Insurance (SSDI) benefits. One of the most common concerns for individuals is whether to seek legal counsel before or after applying for benefits.

Navigating the SSDI claim process can be challenging. If not handled correctly, you could face unnecessary delays in being approved for essential financial and medical benefits. Understanding the nuances involved in filing an SSDI claim can help you make informed decisions. 

This article answers some of the most common questions about the SSDI application process and explains how working with an attorney can strengthen a disability claim.

What Are the Benefits of Hiring a Disability Lawyer Before Applying?

There is a common misconception that individuals who are seeking SSDI benefits should not worry about hiring a disability lawyer until they have been denied for the first time. But waiting until you are denied can result in unnecessary delays. 

The most effective strategy is to hire a disability lawyer who can assist you with filing your initial SSDI application. One of the most essential reasons is to ensure that all evidence meets SSA requirements. Initial applications are denied due to “lack of sufficient evidence.” Your attorney will review the SSA’s “Blue Book” and coordinate with your healthcare professionals to confirm that your medical records match the government’s requirements. 

Some of the other advantages of hiring a lawyer include:

  • Increased Approval Odds: statistics show that those who hire a lawyer are significantly more likely to be approved than those without legal representation.
  • Prevent Filing Errors: Your lawyer will carefully review your application to ensure it is complete and submitted correctly.
  • Help Avoid Administrative Delays: Your attorney and their legal team can ensure the SSA receives your medical documentation and handles any follow-up questionnaires as soon as possible. Having all the required documents will keep your case moving through the system without waiting for verification.
  • Ensure all Paperwork Meets Critical Deadlines: Your legal team will handle all filings and related correspondence to ensure they meet all strict deadlines.
  • Reduced Stress: Having a qualified disability lawyer handle your case will allow you to focus on your health and alleviate stress

How Much Does It Cost to Hire an SSDI Attorney for a Disability Claim?

If you are considering filing for benefits, you may already be experiencing a financial crisis due to your inability to return to work. If you are struggling to make ends meet or are guarding your financial resources, you may be hesitating to hire an attorney for fear of legal fees. 

SSDI attorneys work on a contingency fee basis, meaning they only get paid if they win your case. Federal law has been enacted that dictates how disability attorneys are to be paid to ensure they do not take advantage of applicants. 

If you win, your legal representative will be paid out of your back pay. Federal law also caps attorney fees at 25% of an applicant’s back pay, up to a maximum of $9,200, whichever is less.

Will Hiring an Attorney Speed Up the SSDI Application Process?

SSDI applicants often want to know if hiring a disability attorney can help speed up the application process. The federal process for determining eligibility is notorious for its slow pace, and there is no VIP line for those who hire an attorney.

Although hiring an attorney cannot fast-track your application with the SSA, there are distinct advantages. The fastest way to obtain disability benefits is during the initial application stage. In most instances, the initial stage of the SSDI process takes around 6 to 7 months. If your application is denied, you will have to go through the reconsideration process. 

Building Strong, Reliable Paperwork

By scrutinizing your application and submitting accurate medical records with your initial application. Strong, reliable paperwork increases your chances of being approved the first time. Avoiding the appeals process can easily save you 12 to 18 months of waiting for approval.

Common Mistakes People Make When Filing for SSDI Alone

Without having an experienced SSDI disability lawyer on your side, you could make critical mistakes that could result in your application being automatically denied. 

Some of the most common errors that individuals make when filing independently include:

  • Failing to Outline Functional Limitations: The SSA does not award benefits solely based on a diagnosis. Instead, they award them based on “functional limitations.” The application must explicitly state how the applicant’s condition limits basic activities and prevents them from working.
  • Incomplete Medical Evidence: Because of the high volume of applications the SSA processes daily, applications missing required medical documentation are often flagged or denied. Having all the necessary medical paperwork is essential to keep the application moving forward through the review process.
  • Exceeding SSDI Income Limits During Your Claim: Exceeding the SSA’s income limits while your claim is pending can cause a claim to be quickly denied. Engaging in “substantial gainful activity” leads the SSA to believe that the applicant is capable of working and supporting themself.

Ready to Apply for SSDI? Contact Liner Legal Today for a Free Consultation

Applying for SSDI benefits can be a challenging process to navigate without legal assistance. The SSA carefully scrutinizes each case to ensure that the applicant qualifies to receive benefits. Because the claim starts the moment you submit your application, you must have an attorney on your side who can ensure that you do not encounter unnecessary delays or denials.

Liner Legal is a law firm that is committed to helping clients from start to finish. When you come to us for assistance, we will professionally evaluate your case and determine what legal options best suit your needs. 

Contact our law firm today to book a free consultation with our Social Security disability lawyers.