What is a Disability Attorney and How Can They Help Me?

What if the best person to change your life was someone you’d never met before?

A good disability attorney can help you get the benefits you deserve and seriously improve the quality of your life. Unfortunately, many don’t know what a disability attorney is and how they can help out.

Are you curious about whether you need to hire a disability attorney? Keep reading to learn all about these attorneys and the specialized assistance they can provide.

The Essential Argument

We’re going to explore the many benefits of hiring a disability attorney. But at the most fundamental level, their role involves helping develop a convincing theory for why you are disabled.

For example, the attorney can help determine and document that your condition meets one of the Social Security Administration’s existing disability listings. Alternatively, they can help demonstrate that your exertion level is preventing you from finding, performing, and keeping a job.

If you do not meet those criteria, the attorney may be able to prove that you have non-exertional limitations that still keep you from holding down a job. For example, if you have specific issues with concentration and/or memory, these may be enough to keep you from gainful employment.

Understanding COPD and CHF

A great reason to hire a disability attorney is that they understand very specific conditions. This includes things like COPD and Congestive Heart Failure.

Your attorney will interview you and examine your medical records. The attorney should be able to determine if you have the specific breathing results or ejection fraction measurements that would qualify you for a COPD listing or CHF listing.

All of this is assuming that you have thorough medical records. If you do not, the attorney may be able to provide even more assistance.

Testing As Needed

In some ways, timing is everything when it comes to your disability application. For example, you may have a much stronger chance if you undergo certain testing before you apply.

In the case of potential COPD or CHF diagnosis, your attorney can help arrange for proper testing. Once you take a breathing test, ejection fraction test, or other tests as needed, your case will be much stronger.

Even better, a good attorney may be able to arrange for necessary testing directly with Social Security. This can speed things up, and the Social Security Administration will actually foot the bill for the medical tests.

Application Assistance

It’s possible, of course, to hire a disability attorney after you have already applied. But it may be more beneficial to do so before filling out the application.

That’s because your attorney understands the disability application inside and out. They can help you provide the right information and collect the right documents to make the application as strong as possible.

Eventually, a claims examiner will need to review your application. A good disability attorney understands how the examiner thinks and how he works, so the attorney can make sure the application is convincing to the examiner.

It’s still possible that the initial application is denied. If this happens, the attorney can help keep your case alive (more on this later).

The Way They Are Paid

Some people hesitate to hire a disability attorney because of the cost. If you’re worried about that, we have some good news for you and your case.

If the attorney only helps with your application and the application gets approved, their fee will be relatively low. And if your initial application gets denied and goes to a hearing, most disability attorneys get paid on contingency. This means they only get paid if you ultimately win your case.

With such an arrangement, you don’t really have anything to lose. If you should lose your case, you won’t pay anything at all. And if you should win, you’ll have access to disability benefits for the rest of your life. A contingency fee of a few thousand dollars may seem like a lot, but it’s definitely worth it when you win.

On top of that, the contingency arrangement provides a powerful incentive to your attorney. Because they don’t get paid unless you win, they are going to put forth the maximum effort on your behalf.

If Your Application Is Denied

In a perfect world, your application will be accepted after submission. In that case, you are set for benefits and your attorney’s job is done.

However, there is always a chance your application will be denied. If you don’t already have an attorney, this is the time to hire one.

That’s because you can request a hearing. This allows you to make the case before a judge that you qualify for disability. And your attorney can make sure that you present a very convincing case.

The attorney can help you better understand the hearing procedure and rules and help you practice answering questions. The ultimate goal is to make sure that you can testify in a way that helps your case.

The Cross-Examination

At the hearing, there will be a Vocational Expert (VE) who will testify that you are able to work. And this provides an opportunity for your attorney to cross-examine the VE about a variety of things.

For example, your attorney can ask about the jobs the VE thinks you qualify for and how many of such jobs are actually available. This can help convince the judge that, realistically, there are not jobs available for you.

Because the attorney is familiar with such hearings, they will be able to collect and present the most convincing evidence. And your attorney may even know the particular judge involved, which will provide further understanding necessary for you to win your case.

Hiring a Disability Attorney: What Next?

Now you know what a disability attorney can do for you and your case. But do you know where to find the best attorneys?

We specialize in disability, personal injury, automobile accidents, and more. To see what we can do for you and your case, all you have to do is contact us today!