The Social Security Administration (SSA) oversees two key programs that provide disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). These programs are intended to support individuals who can no longer work due to serious medical conditions.
While the application and appeals processes are designed to be accessible, they can be complex and intimidating, especially when facing medical and legal jargon, strict deadlines, and the need for detailed evidence. Many ask: Do I need an attorney to file or appeal a Social Security disability claim? In this guide, we explain how legal representation can significantly protect your rights and secure your benefits.
About Social Security Disability Benefits
Social Security disability benefits are provided through two main programs:
- SSDI (Social Security Disability Insurance): This insurance is available to individuals who have worked and paid into Social Security through payroll taxes. SSDI pays benefits similar to what you would receive at full retirement age and may include additional benefits for dependent children or a surviving spouse.
- SSI (Supplemental Security Income): A needs-based program for individuals with limited income and resources who have not worked enough, or recently enough, to qualify for SSDI. SSI recipients often gain immediate access to Medicaid coverage.
Both programs require you to prove that a medical or psychological condition prevents you from working full-time in any occupation suited to your age, education, and work history.
Why SSA May Deny a Disability Claim
Social Security denies many initial claims. Common reasons include:
- Insufficient medical evidence: The SSA may determine that the medical records provided don’t clearly support disability under its strict legal definitions.
- Failure to follow through with treatment or evaluations: Your claim may be denied if you miss medical appointments or SSA-requested consultative exams.
- Incomplete or inaccurate forms: Mistakes or omissions in your application or work history can delay or derail your claim.
- Prior denials: If you have previously applied and were denied, it may complicate the review of a new claim.
An attorney helps address these pitfalls by organizing evidence, ensuring compliance with SSA requirements, and advocating effectively at each stage.
How to File a Disability Claim
You can file a claim for SSDI or SSI by:
- Scheduling an appointment with your local SSA office or filing online at www.ssa.gov.
- Completing required forms that cover your medical conditions, work history, and daily limitations.
- Providing medical records and signing authorizations so SSA can request additional evidence.
- Attending consultative examinations if SSA requests further evaluation.
An attorney can guide you through this process, ensuring that forms are accurately completed and evidence is complete and compelling.
How Osterhout Berger Daley Helps With Social Security Disability Claims
Although legal representation is not required, having Osterhout Berger Daley (OBD) on your side can significantly improve your chances of success. Our attorneys:
- Gather medical and vocational evidence and coordinate with your treating providers.
- Prepare you for hearings and help you testify clearly about how your condition affects your ability to work.
- Question medical and vocational experts during hearings to challenge evidence that could hurt your claim.
- Submit persuasive written arguments and statements to support your case at various stages.
- File appeals and motions to reopen prior claims where appropriate.
Our team’s experience ensures no detail is overlooked, from the initial application through Federal Court appeals if necessary.
Frequently Asked Questions (FAQ’s)
- Do I have to hire an attorney for my disability claim?
No, you are not required to have a lawyer. However, studies show that claimants represented by an attorney at their hearings are approved more often than those without an attorney. Attorneys can help ensure your case is fully developed and presented as strongly as possible. - How does an SSD attorney get paid?
By law, attorneys in these cases work on a contingency basis. That means you only pay if you win your case. The fee is typically 25% of back benefits awarded, capped at the amount set by the SSA (currently $9,200), and does not come from your future monthly social security disability payments. - When should I contact a disability attorney?
Ideally, you should contact an attorney as soon as you decide to apply or if you receive a denial. Early representation helps avoid mistakes that could delay or harm your claim. - What can an attorney do for my social security disability claim that I can’t do on my own?
An attorney can review your file for weaknesses, gather supporting medical opinions, question SSA’s experts, and make legal arguments that strengthen your case at hearings if you need to appeal a denial of your social security disability application. - Can an attorney help if I’ve been denied social security disability benefits?
Yes. An experienced attorney can evaluate whether to appeal, reopen a prior application, or file a new Social Security disability claim. If you need to appeal a denial of benefits, an experienced attorney will ensure that new evidence is properly presented.