What to Know When Seeking Assistance for your Social Security Disability Claim

Social Security disability benefits provides essential cash assistance to those who remain no longer able to work as a result of a disabling condition.  Many individuals are not aware when they contact our office how they can go about getting the advice and assistance they need to move forward with an application and, by doing so, increase the odds of getting a favorable decision in their case. 

Upon initially contacting a Social Security disability lawyer’s office, the hope is that they will undertake a detailed assessment of your circumstances so we can see about advising you whether, first and foremost, a Social Security disability claim is appropriate.  While some lawyers’ offices do undertake such a process, many do not take the time necessary to properly advise their potential client before rushing forward with representation.  This is important to both the claimant and the attorney to ensure that down the road it becomes necessary to part ways as the lawyer, now that they have finally undertaken their due diligence, determines that there isn’t a viable.  The initial consultation is always free of charge.  Many individuals who contact our office have been denied already, while many are looking into whether such a claim remains a viable one for them.  What you can rest assured of from the very beginning is that there is no charge for the advice we provide initially: and that remains the case unless and until a favorable decision, obtaining you retroactive benefits, is obtained.  During your initial contact with our office, we’ll spend with you a good amount of time getting to know what you’ve been going through: asking you about your past work history and why you had to discontinue working. For purposes of a potential SSI (welfare-based) claim, we’ll always look at the sources of income in your household, including assets such as checking accounts, retirement accounts, etc., to determine whether such a claim is viable. We’ll likewise get a detailed history of the treatment you’ve had to undergo ( including all doctors, hospitals, therapy, medications, procedures, etc.) so as to get a sense of how severe your condition appears by way of evaluating the types of treatment you’ve required.  Just as important, we’ll look to see if you have followed through with all manner of treatment that would be recommended for your various condition(s) given your need to prove that you have remained totally disabled from all forms of gainful employment despite prescribed treatment (as required by Social Security’s rules).   We’ll look to hear from you as to why you believe your condition keeps you from working not only your past jobs but other jobs for which you might be deemed suited.   This “intake” process we undertake in the office will, once completed, allow us to provide you with a detailed assessment as to how strong a case you might have and whether it appears worthwhile to pursue a claim (or pursue a claim further, if you’ve already filed).  We’ll likewise be in a position to advise as to how we will be able to assist you with your particular claim.

If we’re able to move forward with representation, you can rest assured that we handle attorney’s fees in the manner dictated by Social Security’s disability rules and regulations, which provide that a Social Security disability lawyer is not allowed to charge a fee unless such a fee is first approved by the Social Security Administration.  Social Security’s rules and regulations are in place to protect disability claimants and any Social Security disability lawyer will explain to you that no fee is payable unless and until there is a favorable decision in your case: this means, only if and when we’re able to assist you with obtaining retroactive disability benefits is a fee payable.  This type of representation is referred to as contingent fee representation.   If and only if we are successful in obtaining retroactive benefits for you, is the lawyer entitled to a fee, which fees are limited by federal law to 25% of the past due benefits recovered for you (whether it be Social Security disability benefits or Supplemental Security Income), and such fees are capped by federal law (they cannot exceed what is presently a fee cap of $6,000.00).

Should you win your case, it is typically not your responsibility to pay the attorney’s fees, but instead payment is made directly to the attorney out of the retroactive benefits determined.

If you or a loved one is in need of advice and/or assistance is struggling with the prospects of a Social Security disability claim, please feel free to contact the Law Offices of Russell J. Goldsmith at 1-800-773-8622 for a no cost consultation so as to see how we can help you.