Q: How is a social security attorney paid?

A: Your lawyer would only be paid if you are awarded disability benefits. Your attorney will not be compensated if your claim is not approved for disability benefits. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There is a maximum amount that can be awarded within that 25 percent. Currently, that limit is just under $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. It is possible that you will owe your attorney for other costs he or she had to take on during the process, such as ordering medical records.

Q: Do you have to have an attorney in order to be awarded social security disability benefits ?

A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Most claims, however, do not receive approval after that first step. It would be beneficial to have an advocate like a social security attorney, if you would like to file an appeal. Having your claim reconsidered is the next step after the initial review process, and a request to do so must be received by Social Security no later than sixty days after you received notification that your claim was not awarded benefits. A large number of claimants whose cases are reconsidered are not approved. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.

Q: How do you make sure your social security disability application is moving through the process?

A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. Take charge and get some updates, if you do not have an attorney. Simply contact the disability examiner for your case and ask for an update. Not only will you have peace of mind knowing that your file is being processed, but this gives you a chance to see if the case manager knows of any missing information needed for your file.