Question: By contacting a lawyer or disability specialist at the beginning of the application process, how much does the applicant increase their chance for benefits to be awarded on the first attempt?
Stan: It is not possible to quantify the impact of the attorney on the chances of winning. Statistically those that are represented by an attorney have a higher win rate. Yet this can be an imprecise measure of attorney impact, since the ranks of the unrepresented include meritless claims that many attorneys have declined.
It takes only a bit of common sense, however, to understand that hiring an attorney experienced in presenting disability claims should increase the chances of success. Moreover, quality representation includes much more than increasing the chances of winning, though that clearly is the goal. Claimants can rely on a skilled attorney to handle paperwork, meet deadlines, and advise them on what to expect in the process.
There is a lot at stake in a social security disability case. When faced with an important issue of financial and medical support, most of us do all we can to increase the chances of a successful outcome. Considering attorney representation in a Social Security Disability case should be no different.
Question: The number of people applying for disability has been significantly increasing over the past several years. Currently, what is the volume of people who apply for disability each year? How well is Social Security handling the flood of applicants?
Stan: Social Security Disability applications have actually been down for a number of years. The wait for an ALJ (Administrative Law Judge) hearing has been about 12 months for many years now, but in the last 2 years has come down to 7 or 8 months. These waits are still a disgrace. Advocates have long found Social Security Administration bureaucratic and slow, while the Social Security Administration maintains that they do the best they can with the resources they have. The truth undoubtedly lies somewhere in the middle.
Question: Would you agree that it is important to keep a copy of your application and any correspondence with Social Security? Is it also wise to keep a diary of phone calls or visits to the Social Security local office? Would you recommend sending all correspondence as certified mail to Social Security? What other advice can you offer to improve recordkeeping on both ends?
Stan: While these steps are never a bad idea for claimants, in our experience the disabled often do not have the energy to copy all documents, submit letters by certified mail, and document conversations. In hiring a competent lawyer one can and should rely on that lawyer to handle the paperwork and safeguard deadline compliance. Most critical submissions to Social Security provide for a receipt from Social Security. Hand-filing the initial application, and any denial appeals at the Social Security office, and leaving that district office with proof of receipt by Social Security is better than certified mailing.
