Do I Need an Attorney To File for Social Security Disability?

On This Page

1. Proving Eligibility for Social Security Disability Benefits
2. Social Security Disability Benefits You Can Apply For
3. The Stages of a Social Security Disability Claim
4. How a Social Security Disability Lawyer Can Serve You
5. Get Legal Help from Berger and Green Today

REVIEWED BY

C. William Kenny

April 04, 2022

Board certified by National Board of Trial Advocacy

While it is not required to hire an attorney to apply for Social Security Disability benefits, a lawyer can be helpful. If you disagree with the Social Security Administration’s (SSA) decision, an attorney can guide you through the appeals process. 

A Social Security Disability lawyer will be on your side throughout the process of filing for benefits. We will review your application and explain your options for securing the benefits you need. 

Proving Eligibility for Social Security Disability Benefits

To receive Social Security Disability benefits, you must prove to the SSA that you suffer from a qualifying condition that impedes your working ability. Our attorneys stay up to date on Social Security law so we can provide accurate guidance to our clients. 

What Are the Criteria for Social Security Disability?

The SSA defines a disability as the inability to engage in any substantial gainful activity because of a physical or mental impairment. It must be proven you have a qualifying condition to receive Social Security Disability benefits. 

A lawyer can guide you through this process by:

• Helping you determine the types of benefits you are entitled to
• Avoiding mistakes in your claim that could cause it to be delayed or denied
• Fighting for you through an appeal if your initial claim is denied

Social Security Disability Benefits You Can Apply For

The SSA has two programs you can apply for. They include Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). It is possible to qualify for both programs. 

Both SSDI and SSI offer monthly cash benefits, healthcare programs, and other forms of assistance. 

Social Security Disability Insurance (SSDI)

SSDI provides benefits to people who are disabled and have enough “work credits.” How many work credits you need depends on your age. The SSA reports that you can earn up to four credits a year, and you get a work credit for every $1,510 you make. 

Supplemental Security Income (SSI)

SSI makes assistance payments to disabled people who have limited income and resources. To receive these payments, you must be disabled and have less than $2,000 in countable assets as an individual. 

The Stages of a Social Security Disability Claim

Here’s a rough outline of what happens when you apply for benefits: 

You Submit Your Application

When you apply for benefits, you’ll need to fill out the appropriate forms and submit supporting information. The Adult Disability Checklist will give you information on what you need to apply. Your attorney can help you file your application.

The SSA Will Review Your Application

While the SSA reviews your application, it may contact you or your lawyer and ask for more information. The SSA notes that it could take three to five months for it to review your application and make a decision. 

You May File an Appeal

The SSA denies 67 percent of disability applications upon their first submission. Yet, you have the right to file an appeal if your application is denied. A lawyer can be very important at this step also.

They can represent you during any hearings and explain what you can expect from the process itself. They can also review the SSA’s reason for your application’s denial and address any issues. 

How a Social Security Disability Lawyer Can Serve You

Our team understands that applying for Social Security disability benefits can be a complex process. For over 40 years, our attorneys have helped our clients get Social Security Disability benefits. Once you hire us to represent you, we will: 

• File your initial application. We will review your application for completion and accuracy. 
• Identify any medical evidence. While Social Security orders your medical records for you, we can identify your medical providers so that Social Security has access to all of your records and provide any information that could bolster your claim. 
• Identify why your claim was denied. If your claim is denied, the SSA must give a reason why. We can explore this reason and act accordingly. 
• Initiate the appeals process. We can explain how the appeals process works and guide you through the process of filing one. 
• Represent you during any hearings. We will advocate for you during any necessary hearings or meetings related to your claim.  

We handle Social Security Disability claims on a contingency-fee-basis. This means you do not owe us any fee for our services unless we recover compensation for you. If we are unsuccessful, you do not owe us anything. 

At our firm, we know you may be going through financial hardships, and we do not want to add to that stress. We talk to anyone who needs legal advice for free during their initial consultation and we do not charge a fee if we do not win your case. 

Get Legal Help from Berger and Green Today

If you are ready to apply for Social Security Disability benefits and don’t know where to start, Berger and Green is ready to help. We want to support you through the applications and the appeals processes. 

To begin your free case review, reach out to our Social Security Disability team today.