Disability is never a welcome thought for anyone. But sometimes life plays dirty and you are left with no choice but to soldier on. How you deal with the situation plays a crucial role in your future. Fortunately for some, there are options to look into, especially if you have Social Security insurance.
But filing for a disability claim is not an easy task. And this is where the role of a Social Security Disability attorney comes to play. Your attorney will be the person you partner with on this journey, so it is important that you find one that is not only competent but also someone you are comfortable with. To help you with the first step of this process, here are five questions to ask your Social Security Disability attorney before you hire them:
#1 Was this attorney successful in a previous Social Security Disability claim?
Lawyers are trained to talk in a way that sounds favorable to them. But their track record speaks for itself. So do not allow the attorney to sweet talk his way into taking your case just yet, especially if you are still unsure about it.
If the attorney you are speaking with has not handled a Social Security Disability case before, that is a red flag. More so if he has handled previous cases but did not win them. The thought of not being able to work for a long time is already difficult as it is. You also would not want to risk going through the entire ordeal and not have a shot at winning. It is not being a snob or too picky. Just think of it as making the right investment. Your attorney is getting a chunk of your back pay after all.
#2 How will this attorney collect your medical evidence?
The medical evidence that will be presented in your case is an essential part of the entire argument. Your disability claim relies on your attorney being able to present strong and valid evidence that will prove why you are entitled to the Social Security Disability claim and how much you are entitled to get.
During your consultation, do not be shy to ask how your would-be attorney intends to collect your medical evidence and present it in court on your behalf. The attorney should be able to explain from the get-go how you would go about the process of additional testing that may be required by the Social Security Administration (SSA). He should also have concrete plans on how to decide which doctors can give statements proving your functional limitations and which medical records are relevant for the case.
#3 How does this attorney plan to prepare you for the hearing?
The date of your hearing is out of your’ and your attorney’s control. The court schedules it and the only thing you can do when you reach this point is to make sure that you come to the hearing prepared. Your legal counsel also plays a vital role in gearing you up for the hearing.
Ask the attorney how he intends to prepare you for the hearing. Although it’s normal that assistants and paralegals are the first ones you meet with before the hearing is set, it is very important that your attorney has plans for you after all the necessary documents are filed and gathered as this is usually the job of the clerical staff.
Your attorney may suggest speaking with you on the phone before the hearing, but you can also ask to meet in person if that works better for you. But before you decide to get legal services, the attorney should be able to answer questions about his plans for the hearing because you cannot be left in the dark during the process.
#4 How will this attorney argue your case before the administrative law judge?
Here comes the hard part – the actual hearing process. While there are instances where cases are resolved without the claimants being required to attend hearings, which is not often the case. This is also why you should be prepared with sufficient documents and supporting statements to prove your claim.
Prior to signing a contract with a legal representative, inquire about his process in forming an argument. Of course, it may not be as comprehensive as you would want the explanation to be since you have not started on anything yet. But at least ask the attorney to give you an overview of how your case can best be presented in court so you know what to expect and prepare for. The attorney should be able to tell you how he plans to prove your condition meets the disability listing, that your physical limitations prevent you from working, or that your condition hinders you from performing sedentary jobs.
#5 What are your chances of winning the case?
Truth be told, this is probably the first thing you would want to know during your consultation. But to give yourself some peace of mind, feel free to ask about your chances of winning the case and being compensated for your disability. Knowing the odds can help you and your counsel prepare better for what is yet to come so you do not get blindsided.
But you should not be discouraged if the attorney tells you it is going to be difficult because if there is anyone who wants to win the case other than you, that is going to be your attorney. Besides, a good Social Security Disability lawyer does not solely rely on the winning percentage. They trust in the evidence, your statements, the statements of professionals, and their skills.
Before agreeing to contract the services of an attorney to help in your Social Security Disability case, make sure you have asked all the questions you want to ask. You would not want to be changing your mind about your legal counsel once all the necessary documents have already been filed and the court hearing has been set.
Ghitterman, Ghitterman & Feld have protected the rights of injured and disabled California workers for 64 years. If you or anyone you know needs a Social Security Disability attorney, contact them or visit their website at https://www.ghitterman.com/.
Ghitterman, Ghitterman and Feld
www.ghitterman.com
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