Social Security Disability

Why Hire an Attorney?

Although the Social Security Administration does not require that a claimant applying for Social Security disability benefits be represented by an attorney, there are many important reasons why you should.

An attorney is a licensed professional who is held to strict ethical and professional rules in the practice of law. For example, an attorney is required to keep client confidences private and confidential. In addition, an attorney has an obligation to zealously represent the client's interests. The Social Security Administration is not your advocate and counting on its bureaucracy to advocate for you involves a serious misperception of the government's role in your disability claim. Even relying upon the Social Security Administration to do something as simple as obtaining your medical treatment records can be a costly mistake.

Besides records, an attorney will seek out a statement from your treating physician as to whether or not you are disabled under Social Security disability law. Many times, a lawyer will have prepared a form that your doctor can easily complete that addresses the medical and legal issues needed to prove disability in your claim. Some of these specific forms cover disabilities such as fibromyalgia, diabetes, arthritis, multiple sclerosis (MS), depression, anxiety and heart disease. Armed with your medical records and report, your attorney can marshal the facts and law to provide a cogent argument to the adjudicator or administrative law judge assigned to your claim explaining why you are entitled to benefits.

In addition, while your claim is pending, the Social Security Administration may send you forms to complete, such as an activity of daily living report form. Claimants often do not know how to complete this form and either may not complete it at all or may make costly mistakes that could negatively affect their claims. An attorney can review the form with you to be sure that you fully understand it and thus maximize your chances of winning your claim.

Perhaps the most valuable assistance an attorney can provide is at the hearing before an Administrative Law Judge of the Office of Disability Adjudication and Review. At the hearing, there may be a medical expert and vocational expert. You need to know how to cross-examine them in case their testimony is not favorable to your claim. Cross-examination is a skill that is honed with much experience in the law.

In addition, legal issues arise as a Social Security disability claim winds its way through the system, at the hearing level or before. You have to know how to address the issues that do arise, for example:

Whether or not you may qualify for benefits even though you can do some work;
How does your age affect your claim and how can it be used to your advantage
How does your education and any transferable job skills affect your ability to prove disability
Is the opinion of your treating doctor that you are disabled require the Social Security Administration to grant you benefits? In some cases, it does.
To what extent do mental impairment affect your ability to work
What about pain? How does the Social Security Administration consider your complaints of pain in determining whether or not you are disabled
Can a prior claim be reopened?
What is your Date Last Insured and what role does it have in proving disability.

These are only some of the legal issues that can arise during the process of your disability claim and you have to know how to handle these issues in order to maximize your chance of proving disability and avoid the chance that your claim will be denied. An attorney skilled in this area of law can make the difference between losing and winning these important monetary and medical insurance benefits.

An attorney is paid only if you win from your past due benefits. No fee is paid if the claim is not ultimately successful. The fees are regulated by law and are paid out of the past-due benefits.

Please consider hiring an attorney to represent you in what might be the most important legal matter of your life.

This website may constitute "advertising" under Massachuestts Supreme Court Rule 3:07. The material contained on this website has been prepared for educational purposes only and is not to be considered legal advise.

Transmission or receipt of this material, or any response to this website is not intended to, and does not create an attorney-client relationship or privelege of any kind. Allison E. Williams, Esquire, is licensed to practice law in Massachusetts & New Hampshire. If you have a legal problem originating in another jurisdiction, contact your local bar association.