David Kapor
(513) 721-2820
SOCIAL SECURITY DISABILITY: CHOOSING AN ATTORNEY
| This article will address when to seek help from an attorney and how to select an attorney to assist you in your application for disability benefits. Generally, it is not necessary to retain an attorney in order to file an initial application for disability benefits. In fact, the application should be filed by the applicant himself. As I indicated in an earlier article, you can apply on line (ssa.gov), by telephone (1-800-772-1213), or in person at any local District Office. While it may be helpful to consult with an attorney prior to applying, I advise my clients that they do not need my services until after they have been denied upon initial application. There is always the possibility that a claim will be granted on initial application. It is when a claim is initially denied that an attorney can assist in processing and submitting the correct appeals and to ensure that any future appeals are filed timely. There are statistics that show having an attorney increases the likelihood of a successful claim. Most attorneys undertake Social Security Disability claims on a contingency basis of 25% of any retroactive benefits with a cap of $5,300.00, whichever amount is less. The attorney is paid only if the claim is successful. The next question is how to make the right choice in choosing an attorney. The stakes are high so your choice of an attorney should be done carefully. If you already have an attorney with whom you have an established relationship, you should ask him or her who they would recommend. Attorneys who specialize in this area of practice should be members of the National Organization of Social Security Claimant's Representatives (NOSSCR). Membership in this organization is an excellent indicator that the attorney's practice is focused on disability claims. Attorney members of NOSSCR receive the latest updates on the Social Security Regulations and share practice tips for the successful resolution of claims. In interviewing an attorney to represent you in your claim you may want to ask the following questions: 1. How do you charge for your services? 2. Are you a member of NOSSCR? 3. How long have you practiced in this area? 4.On the average, what percentage of your practice is limited to Social Security claims? 5.How often do you attend Continuing Legal Education (CLE) seminars specifically directed to Social Security claims? There are other resources available for an attorney referral such as your local Bar Association. However, NOSSCR also maintains a referral list of attorneys who are members that hold themselves out as experienced practitioners. You can contact NOSSCR for a referral as follows: 1-202-216-0030 or www.NOSSCR.org. |
Six Convenient Locations
FairField, Tri-County, Blue Ash, College Hill
Walnut Hills and Madison Indiana
24 Hour Answering Service!
Free Consultation!
You Pay Only When You Collect!
(Except Costs)
Home & Hospital Visits Available
Evenings & Weekend Appointments
Social Security & Disability Claims Attorney
Home Biography S.S.Benefits Disablity SSD or SSI Applying
How Long? Getting Help the Listings Ancillary Benefits Process Overview