Not everyone needs a disability attorney to win his or her case. Not having the right attorney in place when things get tough, however, could be a costly mistake.
In Social Security Disability and SSI cases, even if you hire someone to help with your claim, the law does not require your representative to be a licensed attorney.
So why should you hire an attorney? Here are a few important reasons:
Social Security Disability & SSI Cases
No fee unless you win. In fact, attorneys typically charge the exact same fee as non-attorney representatives, so why not hire a licensed attorney?
Give your stress to someone else. The process can be challenging and frustrating. Working with an attorney means letting him him deal with the everyday stressors so that you can focus on improving your health.
An attorney should have experience challenging cases in court, something that non-attorney reps cannot do.
Experience with presenting cases. Knowing the laws and regulations, and understanding what may be the barrier preventing your case from being awarded can help form a concise, understandable and persuasive presentation of your case.
If you have a Long Term disability insurance policy and are over 50, there are short cuts that allow for Social Security Disability benefits to be awarded. Taking these short cuts could give the insurance company exactly what it needs to terminate your benefits.
ERISA Short and Long Term Disability
ERISA law contains many "traps" for employees. The insurance companies use these to their advantage. Here are just a few examples of what a skilled ERISA disability attorney should know:
An appeal to the insurance company should have all of the supporting records, reports and opinions for your claim. If not, and your case is denied, a judge will not be able to consider them.
There may be ways to save some of your Social Security Disability back pay. Disability insurance policies often contain a clause that requires you to reimburse the insurance company for money you receive from Social Security. Do you trust the insurance company to calculate the amount accurately?
An attorney might not be able to sue the insurance company unless you have presented compelling evidence before receiving a final denial. The "I'll try it on my own before hiring an attorney" strategy could prevent you from finding an attorney willing to take your case.
Of course, every case is unique. If you are thinking about pursuing disability benefits from any source, call Scott and schedule a free consultation to determine whether hiring an attorney is right for you.
Scott M. Kolligian, Esq. has dedicated his entire legal career to helping individuals with disabilities obtain the benefits they deserve. If you are struggling with work, or if you are out of work due to a health condition or injury, contact Scott for your free consultation.
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