If you’re applying for disability benefits, you may be asking: Do I need an attorney? While it’s not legally required to hire a lawyer to file for Social Security disability insurance (SSDI), Long Term disability (LTD), Veterans Affairs (VA) benefits, or individual insurance disability claims, having legal representation can significantly improve your chances of success, especially if your case is complex or has already been denied.
In this article, we’ll break down what a disability attorney does, when it’s a good idea to hire one, and how firms like Osterhout Berger Daley can support you through the claims process.
Can You File a Disability Claim Without an Attorney?
Yes, you can apply for benefits on your own. Many government programs like SSDI and VA disability allow individuals to submit applications without representation. However, the application process can be complicated, and the stakes are high. A person handling a claim on their own may unintentionally say something that hurts their case without them even knowing it – and once an agency like Social Security or an insurance company sees something like this in the file, they rarely let go of it.
According to the Social Security Administration, the majority of initial SSDI applications are denied. Many of these denials are due to technical errors, missing documentation, or insufficient medical evidence, problems that a disability attorney is trained to avoid.
Similarly, LTD and STD insurance providers often use complex claim forms and request precise documentation. Any small misstep can lead to delays or denials. An attorney helps ensure the application is not only complete but strategically written to meet the insurer’s expectations.
What Does a Disability Attorney Do?
A skilled disability attorney helps manage every aspect of your claim, including:
- Evaluating Your Case: Determining your eligibility across programs (SSDI, LTD, VA, RRB, etc.)
- Gathering Medical Evidence: Working with your providers to obtain records that support your claim
- Coordinating Documentation: Helping with forms like SSA-827 or Attending Physician Statements for LTD claims
- Communicating with Agencies or Insurers: Representing you in conversations with SSA, VA, private insurers, or the Railroad Retirement Board
- Preparing You for Hearings: If your claim reaches a hearing stage, your attorney will help you prepare your testimony and represent you before an administrative law judge (ALJ)
- Appealing Denials: Managing appeals and navigating federal processes if necessary
- Help You Personally Get Through the Process: All the above is not just technical work we can do to increase your chances of winning, it’s also about helping you, who is going through a lot, to manage what can be a very challenging and emotionally draining experience. So, we at OBD not only pride ourselves on our ability to effectively present cases to agencies like Social Security, VA, and insurance companies, but also to help our clients with information every step along the way.
When Should You Hire a Disability Attorney?
Here are several situations where hiring an attorney is highly recommended:
1. You’ve Already Been Denied
If your initial application has been denied, an attorney can step in immediately to review what went wrong and build a strong appeal. The appeals process can be complicated, and deadlines are strict—missing even one can restart the whole process.
2. Your Medical Condition Is Difficult to Prove
Some conditions, like chronic fatigue syndrome, fibromyalgia, or mental health disorders, don’t always show up clearly in test results. An attorney can help you present this information in a way that aligns with disability program requirements.
3. You’re Unsure Which Program to Apply For
Some applicants qualify for multiple programs, like SSDI and VA Disability, or LTD and IDI. A disability attorney can help you strategize the best path based on your work history, condition, and available coverage.
4. You’re Feeling Overwhelmed
Dealing with a disabling condition is hard enough. Having a legal expert to manage the forms, deadlines, and correspondence gives you space to focus on your health and well-being.
Benefits of Legal Representation
Hiring a disability attorney doesn’t just improve your application, it improves your odds.
- Higher Approval Rates: Studies show that individuals with legal representation are significantly more likely to be approved for SSDI benefits.
- Fewer Delays: An attorney ensures that documentation is complete and properly submitted, which helps prevent time-consuming mistakes.
- Better Prepared Hearings: If your case goes before a judge, your attorney will guide you on how to answer questions and present yourself clearly and confidently.
How Do Attorneys Get Paid?
At Osterhout Berger Daley, we understand that finances can be a concern. That’s why we work on a contingency fee basis for most disability claims. That means you pay nothing upfront, and we only get paid if your claim is successful.
The Social Security Administration regulates attorney fees for SSDI claims, and payment typically comes as a small percentage of your awarded back pay. For private disability claims (LTD, IDI), fees are discussed transparently during the consultation process.
Why Choose OBD as Your Disability Law Firm?
Osterhout Berger Daley has over 200 years of combined legal experience and has helped clients recover over $500 million in disability benefits. Our firm is built on the principle that every client deserves dedicated, strategic support, especially when navigating a life-altering disability.
We represent individuals in:
- Social Security Disability (SSDI/SSI)
- Long Term and Short Term Disability (LTD/STD)
- Veterans Affairs Disability (VA)
- Railroad Retirement Board Disability (RRB)
- Individual Disability Insurance (IDI)
We know what claim reviewers are looking for—and we know how to build cases that meet those expectations.
Understanding the Legal Landscape of Disability Claims
Navigating a disability claim means understanding the processes involved in each type of program. For example, filing for Social Security disability requires specific medical documentation, including evidence that your condition is expected to last at least 12 months or result in death. Long Term disability (LTD) insurers often require attending physician statements, proof of job duties, and ongoing medical updates.
If you’re a veteran, the VA system uses its own unique disability ratings and appeals process, which can be overwhelming to navigate without assistance. The Railroad Retirement Board (RRB) has separate criteria entirely, especially for occupational versus total disability claims.
In all of these systems, understanding how to build and present evidence, communicate with administrative bodies, and respond to denials is key. That’s where having legal guidance becomes not only helpful, but critical.
Ready to Talk?
Whether you’re just starting your claim or facing a frustrating denial, the team at Osterhout Berger Daley is here to help. We offer free consultations and are ready to guide you through the disability benefits process.
Call us at 412-794-8003 or 1-866-438-8773 (toll-free), or fill out our secure intake form. Let’s work together to build the strongest possible case for the benefits you deserve.
Note: This article is for informational purposes only and does not constitute legal advice. For personalized guidance, please consult with one of our qualified attorneys.