What are the advantages and disadvantages of using a lawyer for your Social Security Disability case?

Disadvantages:

If you win you must pay a fee to the lawyer.

But if you lose you owe nothing to the attorney.

Even if you win the fee is small in comparison to what you win.

The fee is limited to 25 percent or $6,000 of your back benefits, whatever is the smaller amount.

There is no fee on the monthly check you receive for the rest of your life.

Advantages:

A Social Security Lawyer knows what Social Security is looking for in your case.

A Social Security Lawyer knows what questions the Judge is going to ask you at your hearing.

A Social Security Attorney knows what questions to ask the Vocational Expert.

A Social Security Attorney knows what information you need to prove your case.

Questions about your Social Security case? Feel free to call Illinois Social Security Lawyer Dirk May at 309-827-4371.


A Social Security Disability Case has a lot of paper work.

It is easy to do something that ruins your case while filling out the paper work.

You must be very careful.

One of the Social Security forms they have you fill out is called a Activity Report.

If you are not careful it can blow up your case.

The form asks you to explain your limitations and what activities you can perform.

For instance, if you tell Social Security that you can lift 40 pounds this can result in you losing your case.

If you tell them that you spend most of your day drinking beer this can mess up your case.

If you tell Social Security that you spend your days cleaning your house it can be used against you.

If you do not mark the boxes telling them that you have problems lifting, sitting, standing and walking it may be used against you.

The point is that you have to mindful of what you do at all stages of your Social Security case.

Many Administrative Law Judges will go through these forms to check your answers and may use them to deny your benefits.

Questions about what to look out for your Social Security Disability case? Feel free to call Illinois Social Security Lawyer Dirk May at 309-827-4371.


Yes, I represent people in Children’s SSI cases.

Not many lawyers do these type of cases.

They are difficult cases to win.

Maybe because Judges do not like the cases, or they are used to seeing adult cases that focus on ability to work.

In a child’s case you must prove marked limitations in 2 areas out of 6, or extreme limitations in 1 area out of 6.

The areas cover physical limitations and mental or emotional limitations.

Just being in special education classes is not enough.

You must show that the child is at the extreme end of the spectrum within the special education grouping.

Examples might be extreme classroom problems, serial suspensions, extreme drug abuse, several hospitalizations for mental problems, or severe asthma.

Questions about children’s SSI cases? Feel free to call Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

The main reason I think people represent themselves in a Social Security Disability case is they do not understand the fees a lawyer can charge.

In Social Security Disability cases attorney fees are controlled by federal law. A lawyer can only receive 25% of back benefits or $6,000 whichever is the lower amount. There are no fees on the monthly check you receive. If there are no back benefits there are no fees.

Receiving a monthly check the rest of your life and having access to medical benefits for the rest of your life is certainly worth a small fee.

The problem with representing yourself is that you do not know what the judge is looking for, you do not know what to ask the vocational expert, and you do not know what medical records are important.

Questions about representing yourself, or whether you need a lawyer? Call Attorney Dirk May at 309-4371.

What happens behind closed doors during a Social Security Disability Hearing?

First of all, there is not a lawyer working for Social Security who is trying to stop you from getting Social Security Disability. This does not mean it will be easy to be approved for Social Security Disability.

Second, the Administrative Law Judge who works for Social Security will be asking you a lot of questions. She will be the one making the decision in your case, and she wants to know how your condition limits your activities.

Third, the Vocational Expert will provide examples of jobs he thinks you can do based on your limitations. You will need to know how to ask questions of the vocational expert that will show you cannot work those jobs.

Fourth, the Judge will most likely not make a decision the day of your hearing. She will write up a decision and send it to you in about 60 days.

More questions about what will happen at your Social Security Disability hearing? Call me, Attorney Dirk May, at 309-827-4371.

What the vocational expert says during your Social Security Hearing is very important. It can make the difference between winning and losing your case.

For that reason alone I think you should seriously consider hiring a lawyer to represent you in your Social Security Disability case.

I have mentioned before that there is no cost unless you win your Social Security case, and then fees are limited to 25% of back benefits or $6,000 whichever is the lower amount. Compared to your lifetime benefits and Medicare coverage the fee is a very small amount.

The concern is that vocational expert can make it look like you had transferable skills that may not be correct, or testify that your limitations will allow you to perform a line of work that will make you not disabled.

For more information regarding Vocational experts and Social Security Disability please call me, Attorney Dirk May at 309-827-4371.

Sometimes people will ask me if they need an attorney for their Social Security Disability case.

You are not required to have a lawyer for your disability case. However, in some cases Social Security takes your application more seriously if you have an attorney represent you.
A lawyer can also make sure all your medical records are updated and sent to the Hearing office in time for your trial.

A lawyer can ask the proper questions of your doctor for a supportive report. 

A lawyer will also know what questions to ask the vocational expert. You must put your limitations in the best light for you to win your case.

Finally,  there is only a fee if you win the case and the fee ranges from several hundred dollars to $5,300. There is never a fee on your monthly check. Considering your lifetime benefits could total several hundred thousand dollars, the attorney fees only are 1% to 2% of potential benefits.  Not a bad return.

Questions about your Social Security Disability case? Call Illinois Attorney Dirk May at 309-827-4371.