When Should a Lawyer Get Involved in My Disability Case?

Many Florida disability claimants wait until they need to request a hearing before contacting a lawyer. Most people believe that having a lawyer’s help is essential at the hearing stage — and the great majority of claimants with representation do win their cases at a hearing. However, exactly how necessary representation is in the early stages of a claim is a topic of some disagreement.

Over one-third of people who file the initial application for Social Security disability benefits without a lawyer are found disabled. And approximately 15% of those who appeal initial denials are found disabled at the reconsideration stage, mostly without a lawyer’s help. If you succeed at the initial or reconsideration steps, you will save on attorney’s fees. However, it is hard to predict in advance which cases will benefit most from a lawyer’s assistance.

Generally speaking, lawyers rarely get involved when someone is simply filing an application. The SSA makes it difficult for a lawyer to assist at this point. As a rule, disability lawyers do not get involved until after an initial denial is issued and a legal controversy exists. Occasionally, however, a claimant has an unusual legal problem, and in those situations a lawyer may consider taking the case before an initial determination is issued.

At the reconsideration stage, a lawyer can agree to evaluate the case, even though it is harder to evaluate at this stage than at the hearing stage. It is often difficult to determine whether a claimant will remain disabled for twelve months, which is required by the Social Security Act. It is also harder for a lawyer to access a claimant’s file at the SSA during reconsideration. For this reason, if you want representation at the reconsideration stage, you may be asked to gather additional medical records so there is more information to work with.
If you want help in the initial or reconsideration phase, reach out to discuss your individual situation. Otherwise, the best time to seek legal help is right after you receive the reconsideration denial.

Get started today — fill out the Free Claim Evaluation form or call us today for a free, confidential review of your Florida disability claim.