THREE REASONS TO HIRE A DISABILITY ATTORNEY TO WIN YOUR SSD CASE
There are more than three reasons to hire a disability attorney to represent you in your claim for SSD benefits. The reason most people don’t hire an attorney is they think it will cost too much money.
What most people don’t know is that attorney fees in disability cases are controlled by the government. The SSA sets the amount of the attorney fee. Also, the SSA has to approve the attorney fee.
All attorneys and representatives who practice disability law must do so on a contingency basis. This means the attorney is only paid if she wins your case. If you do not win your case, you do not pay an attorney fee.
Therefore, if you take a look at the whole picture, you will see that it is worth it to hire the best SSD attorney near you. The top three reasons to hire a disability attorney from the Cannon Disability Law legal team are discussed below:
1. YOU ONLY PAY AN ATTORNEY FEE IF WE WIN YOUR CASE. THERE IS NO ATTORNEY FEE IF YOU DO NOT WIN.
One of the main reasons people do not hire an attorney to help them with their disability case is they are afraid of the cost. Most people think that hiring an attorney will cost too much money. However, in Social Security Disability cases, the attorney fee is set by law and is also contingency based. Contingency based means the attorney is only paid a fee if she wins the case. If an attorney is trying to charge you an upfront fee for legal services that you must pay before she takes the case, then the attorney is breaking the law. Do not hire that attorney, because they do not understand how the fee process works in disability cases.
2. THE ATTORNEY FEE IN DISABILITY CASES IS “CAPPED.”
Furthermore, the attorney fee in all Social Security Disability cases is “capped.” This means that the attorney or the firm that you hire cannot charge you, by law, more than 25% of your back benefit. Your back benefit is money you are owed since the time you allege you originally became disabled.
Currently, the SSA has capped the attorney fee at $6000. This means the attorney fee cannot be more than $6000 from your back benefit. The attorney fee in your case will be $6000 OR 25% of your back benefit, whatever amount is LESS.
Again, the attorney can only charge a fee if she wins the case. And, the attorney fee is always whatever amount is the lesser amount of money. For example, if you have a back benefit of $10,000, the attorney fee is 25% of that amount or $2500.
Likewise, if you have a back benefit of $100,000, the most the attorney can charge in fees is $6000 out of the $100,000. This is the cap that is set by law and it is the most that the attorney can charge the client once the case has been won.
YOUR JUDGE MUST APPROVE YOUR ATTORNEY’S FEES
Additionally, the ALJ (administrative law judge) who decides you case must approve the representative’s fees. This makes it so that a disability attorney can never overcharge you for fees.
Best of all, for you, there is no attorney fee if you lose your case. This may not sound like a good deal, because you don’t want to lose. But, neither does your disability attorney. Because if they lose, they don’t get paid.
If the judge decides to deny your case, then your attorney just worked for two years on your case for free. Nobody wants to work for two years for free. So, your attorney has a big motivation to win for you.
Many people think that 25% of the back benefit is too much money. They think they can win their case on their own, without any help. Of course, there is a small percentage of cases where that works out.
However, the SSA denies most cases at the application and reconsideration level. This mean that most people who apply receive two denials. There is a better chance of winning your claim if you hire an attorney.
Most importantly, your attorney does not charge a fee from your future benefit. So, even though you may end up paying 25% of your back benefit to the attorney if you win your case. You will receive benefits for years to come. Let’s look at a simple example.
25% OF THE BACK BENEFIT AMOUNT FOR AN ATTORNEY FEE IS A GREAT DEAL. HERE IS THE REASON WHY.
If you are 50 years old and win disability benefits, you will receive benefits for the next 17 years. You will receive benefits until you are 67, because that is the current retirement age.
If your monthly benefit is $1000, then that means you will receive $12,000 a year. This equates to $12,000 a year for 17 years. That means, if you win, you will win $204,000, plus your back benefit payment. Let’s say you win $10,000 in back benefits. The attorney fee will be $2500.
So, if you win your case, the attorney fee is $2500. And you will receive $204,000, plus $7500 in back due benefits. In short, you will get $211,500 in disability benefits. Your disability attorney will receive $2500 in attorney fees.
In the above example, you can see that paying $2500 to the attorney, when you are winning over $200,000, is a good deal for you. Most cases are similar to the above example.
3. NATIONWIDE, SSA JUDGES ONLY GRANT 40% OF DISABILITY CASES. YOUR CHANCES OF WINNING GO UP IF YOU HIRE AN EXPERIENCED ATTORNEY.
In the last couple of years, the SSA has made efforts to get all of the disability judges across the nation to have the same approval and denial rates. Therefore, your judge is under pressure to deny approximately 60% of disability cases that are before her. The SSA can review and overturn any ALJ decision. They do this by having the Appeals Council review ALJ decisions. Therefore, the Appeals Council reviews claimant’s appeals and ALJ decisions.
What do you think the Judge will want to do in your case if you show up without an attorney? Chances are good that your judge will deny your case.
You may not believe it. But, the judge is more likely to deny a claimant who does not have a disability attorney. Why? Because there is no one there to protect your rights and make the legal arguments that are necessary to win the case.
You may think you have a good disability case because your doctor says your disability makes you unable to work. But the judge does not have to accept the opinion of your doctor.
Also, you will not know how to cross-examine the witnesses that the judge calls to court. The judge can call a medical expert and a vocational expert to testify at your disability hearing.
If you don’t have a legal representative, you will not understand what the medical and vocational experts are testifying about. This can be very frustrating for you. But the experts are there to testify about how the law applies to your disability.
Only an attorney or representative with experience can help you cross-examine these experts. You need an attorney who knows the law in order to win you disability benefits.
CANNON DISABILITY LAW HAS THE EXPERIENCE YOU NEED TO WIN DISABILITY BENEFITS
At Cannon Disability Law, our disability attorneys have over 30 years of experience representing clients in court. We have won over $100 million in past due and ongoing disability benefits for our clients. We can help you too.
Don’t go to court without excellent representation. Your future income, for yourself and your family, is at stake. You need to hire a firm that is on your side and can help you win the disability benefits that you deserve.
Our law firm offers free consultations. However, we don’t take the disability case of every person who calls our office. We only accept representation in the cases that we believe the claimant has a disability that prevents them from working. You can call us for free and we can often tell you over the phone if we can help you win your disability benefits.
Also, we can help you file your application for benefits at Social Security’s website. Contact Cannon Disability Law today and hire us to be your disability legal team. We work hard for our clients and we have the experience that you need to win your benefits.