Before hiring legal representation for a Social Security disability claim, weigh your options by asking these six essential questions. Your attorney’s answers will help you assess your attorney's experience, ensure you understand the legal costs, and clarify how they will communicate with you and advocate for you.
- Who will be my primary point of contact and handle my day-to-day case?
Typically, law firms use a team approach. When you hire us at Cuddigan Law you are backed up by a whole team of professionals who will fight for your rights. Regardless of who you choose to represent you, clarify who will be on your team. The process of winning disability benefits is, unfortunately, long and complicated. Ask who is the best person (or persons) to contact to get the most complete and quickest answers to your day-to-day questions as your case progresses. Find out what is most effective way to communicate with the firm—Phone? Text? Email?
- What is your fee arrangement?
If you are concerned about what an attorney might cost, don't be. Most Social Security disability attorneys, like the attorneys at Cuddigan Law, work on a contingency basis. We only get paid when win your case and our fees are limited by law.
In both SSDI and SSI cases, by law, there is a cap on the fees which limits the amount of the fee. As of the time this web article was written, the fee cap amount is $9,200. You pay the lesser of 25% of back payments or the fee cap amount. We do not receive any percentage of future disability benefits. (Like other disability payments, the cap fee amount may be revised from time to time to account for inflation. You can call or email our office for the current cap fee amount.) You pay the lesser of 25% of back payments or the fee cap amount. We do not receive any percentage of future disability benefits.
Typically, there are incidental costs in a disability case like the cost of obtaining medical records and reports. Win or lose, these costs are payable at the end of the case. Attorney fees are usually withheld by the Social Security Administration and paid directly to the attorney at the time of a favorable conclusion.
- How much experience do you have with cases similar to mine?
Disability claims require detailed, condition-specific medical evidence. An attorney experienced with your impairments or mental health conditions will know exactly what types of evidence will be required to prove your limitations.
Because fees are set by law, it does not cost you any more to have a lawyer represent you than a non-lawyer. It does not cost you any more to have an experienced lawyer represent you than an inexperienced one.
- Will you represent me at all stages of the appeals process?
Because nearly two of three initial claims for Social Security disability benefits are denied, most likely it will take an in-person hearing to win your claim. Ask your lawyer if he or she will stick with you if the claim goes to reconsideration or in front of an Administrative Law Judge (ALJ) for a hearing.
- How do you prepare clients for administrative hearings?
Your testimony in front of a Social Security Administrative Law Judge at an administrative hearing will be a critical part of your case. Ask your lawyer about their preparation process and how they will get you ready to discuss your limitations, pain, and daily activities.
- What are the specific strengths and weaknesses of my claim?
A reputable lawyer will review your medical history and provide a realistic, honest assessment of your case. They should be able to identify potential roadblocks and tell you how they plan to navigate them.
Increase Your Chances of Winning Social Security Disability Benefits
You are 3 times more likely to be awarded disability benefits if you have a representative such as a disability attorney who will fight for your rights than if you have no representation at all, according to a Government Accounting Office study.
If you are disabled and unable to work or if you have applied for Social Security disability benefits and were turned down, contact us at Cuddigan Law for a free evaluation of your case.
