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DO I NEED A DISABILITY ATTORNEY OR AN ADVOCATE?

It is possible to apply for Social Security disability yourself.  You may do so by visiting any Social Security field office, by visiting their website at www.socialsecurity.gov or by calling them at 1-800-772-1213.

Do you need a Social Security advocate or representative to help you?  If you ask the Social Security office that question, they are instructed to answer, "No."  They will tell you that they can provide you with all of the forms and information you need to file a claim yourself, which is true.

If you ask the Social Security office, "Are my chances better if I have an attorney or advocate helping me," they have been trained to say, "We can't answer that question."

The truth is that your odds of getting approved are better if you have representation.  

Consider what happens if you file your claim and get denied.  What harm has been done?

  1. You have wasted months and perhaps years of your time.  It takes about 4 months to get the initial decision.  That is 120 days of no benefits.  Then, it takes 13 to 15 additional months to get a hearing and appeal decision.  If you lose the hearing, it will take up to 18 more months to get a review by the Appeals Council.  If you lose at the Appeals Council (as most do), it will take 12 to 24 months to get a review in a federal court.  If you're counting, years have gone by and you are still waiting to get a benefit check.  Most people need their benefits quickly; that is why they apply for disability.
  2. You may continue to go months or years without Medicare or Medicaid health insurance because these government sponsored insurance plans generally require a finding of disability before you can can be covered.  This may mean a long period of time without the medical treatment or medicines you need because you can't afford them.
 There is, of course, no guarantee that a professional advocate or attorney can get you qualified for benefits.  But your odds increase with representation.  And you cannot be charged a fee for representation until your case has been approved and back pay or retroactive benefits have actually been collected.  (The representative's fee is withheld and paid from the back pay award). 

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