“12 months?  Really?  That’s the best you can do?  He’s in really bad shape.  I’m struggling to work two jobs and support the household.  We may get evicted soon.  You don’t understand where we’re coming from.  I don’t know how long we can hold on.”

I wish I could say this was the first time that I heard those words.  Unfortunately, I can’t.  Those were the words of a loved one trying to hold on while I try and get her boyfriend the disability benefits he desperately needs.   It’s not a new conversation.

I can’t tell you the number of times I’ve told my clients that “I’m going to be in your case for awhile.”  Unfortunately, it doesn’t always sink into their mind, at first.  At then, it happens.

LIFE!

The bills start to mount up.  The foreclosure (or eviction) notes are posted on the door.  And you start struggling to get financial assistance.  It all becomes too much to bear.   With no end in sight, the client will turn to (and on) the person they hired to help them fix this mess.

The attorney.

As the attorney, we are taxed with the responsibility of fixing this problem.  Of helping the person in need receive their benefits.  But, it’s taking too long.   The financial strain is too much.   And at some point, the attorney is considered a part of the problem.

But, know that the attorney really cares about your Social Security Disability case:

1. They know it’s going to take a while.

Most attorneys know that you are going to have to wait a year or longer.  It’s the nature of the beast in this practice and they know this going into it.

2. They want your case to go faster, too.

You would be surprised by the number of people who legitimately believe that attorneys want the case to drag out so they can make more money.  First of all, that’s unethical.  Second of all, a happy client is a client who will tell others how happy they are with the attorney services.  So, why would they make the process longer so you can bad mouth them?

3. They know you’re running out of money

The bottom line is that you’re not working.  NO work.  NO money.  Your attorney knows this already and they know the sooner they can get you benefits, the better.

4. They know you need your medical benefits.

Yes, we know you need to go to the doctor.  We know there is no universal health care.  Yes, we agree with you when you ask,  How can I prove I am disabled if I don’t have the money to go to the doctor?”.  Trust me, we know all too well.

5. They know the words don’t help but they still want you to know.

No attorney wants to tell their client bad news.  We don’t want to tell you Iit’s going to be another 12 months,, or that the records aren’t helpful, or that this judge is really tough.  You’ve had enough bad news but we have an ethical obligation to keep your informed.

Sometimes, it’s easy to turn your frustration on the one person who is there to help you.  Just remember, they are a part of the solution, not the problem.

1. How much do representatives make off disability claims?
2. Do representatives cause delays in processing claims so they can make more money??
3. Why would Social Security need to send you to a Dr. in or to determine a decision?
4. Can ssdi be denied based on the activities of daily living forms?
5. Do you know what gives SSA the right to continue prior suspensions even after the court has ruled against this particular suspension? (Clark v. Astrue)
   1. a successful challenge to the Social Security Administration’s policy of suspending or denying Social Security and Supplemental Security Income (SSI) benefits whenever someone had an outstanding warrant for an alleged violation of probation or parole.  Clark v. Astrue, No. 06-cv-15521 (S.D.N.Y. Mar. 18, 2011).
6. Can a child receive both child support and social security benefits?

In the almost 10 years of practicing Social Security Disability, I’ve been asked this question weekly.  As an attorney and a business owner in the field, it’s very easy to say ,“If you have to ask, you probably need one”.  However, this would not be fair to those who genuinely don’t understand how the Social Security Disability process works and just want to be sure they don’t get something before they need it.

So for those of you who are at that point where you are asking the question, here are a few tips for you:

1) You can hire a representative anytime you want.

The nice part of the Social Security Disability process is that a representative can help you at any phase of the process.  Ultimately, it is up to you to determine when you feel you would like to hire one.

2) If you’re not sure, schedule an appointment and talk to one.

Take the time to educate yourself.   If you’re not sure what a representative does or does not do, contact one and ask some questions.   The joy of the web is that most representatives have websites, blogs, instant messaging, facebook, twitter, and a host of other web resources to answer any question you have.  Take advantage of it.

3) Make sure they can handle your type of case.

Some representatives only handle certain types of Social Security Disability cases.   Most representatives can handle a case where the person is attempting to obtain Social Security Disability benefits.  However, if your case is an overpayment case or continuing disability case, you want to make sure you ask if they handle your type of case.   Also, if you have to sue the Commissioner of the Social Security Administration in federal court, you may want to see if they handle federal court cases.

4) If the representative doesn’t want your case, don’t take it personally.

Every representative has a standard by which they measure the value of a case.   Some representatives will take a tough case.  Some will not.  Don’t get upset if a representative doesn’t take your case.

5) If you think you can do it on your own, then do it.

The process is designed so you can do it on your own.   So, there is nothing wrong with wanting to take that route.

6) Don’t be upset with yourself if you didn’t do the right things before you hired a representative

I can’t tell you the number of times I’ve had clients freaking out because they realized there were things they could have done to help their cases but didn’t know it.   Remember, representatives do these cases every day.  Your case is only your first time.

7) If you think you need help, don’t be afraid to ask.

Most people have never been in a position to have to ask for the kind of help they think they will need.   It’s a frightening position to be in and sometimes pride keeps many people from getting the help they need.  Always remember three things:

1)      You are not the first person to go through this Social Security Disability process.

2)      You are not alone in this process.

3)      There are plenty of representatives available to help you through the process if you need it.

You’ve decided that the Social Security Disability process is just too confusing to handle on your own so you’regoing to hire someone to represent you in your claim.  Unfortunately, you don’t have the slightest clue as to what to ask.   You may not even be aware that there are things you should be asking.

For those of you who are looking for a representative, here are a few questions you should ask along with some background information to help you make an informed decision:

1. Are you an attorney?

Let me make one point abundantly clear.  You do not have to be an attorney to represent people before the Social Security Administration.   There are some wonderful non-attorney representatives who have represented people and been successful.   However, some people get confused when people say they are a ‘social security representative’ or social security advocate’ and think that the person is an attorney.   If you want an attorney, you should specifically ask “Are you an attorney?”

2. What are my chances of winning based on what I’ve told you?

Most representatives “screen” their cases before they accept them.  In other words, they ask you questions about your situation (i.e. work, medications, treatment sources, etc.) as a way to evaluate whether they should accept your case.    However, most will tell you that your chances of winning are based on all of the evidence presented when you go before the Administration and they may not be able to give you an accurate indication until they have everything.    What you tell them should give them some idea of the strength of your case.

3. How long does the process take?

This question is one of the most important questions that very few people ask.   It’s important to understand that the length of your case has a direct correlation to the phase of your case.  If you just applied, you may have to wait longer than someone who is waiting for a hearing date.

4. How does your company or firm handle my case?

Every company/firm handles each case differently. It’s easy to want to draw comparisons from one company to another, butthe real question for you is, “How do you want your firm / company to handle your case?”.  In other words, some companies require Social Security to handle everything through them.   Some companies serve as a facilitator between Social Security and the client.   Some companies get all of the medical records for the clients while other companies require the clients to get them.  It’s up to you.

5. Who will get my medical records and who will pay for getting those records?

Here’s something that few people truly appreciate: Even though you are required to prove that you are disabled, there is nothing in the regulations that requires you or your representatives to get your medical records.   The Social Security Administration will do it for you up to a point.    So, again, you need to find out from the company / representative what their policy is for getting your medical records.

6. What am I responsible for paying if I lose my case?

Most people don’t realize that it does take money to handle Social Security cases.  Every firm / company is different in terms of how they handle costs (whether it’s up front or at the end) but you need to ask this at the beginning.

7. How do youget paid?

Let’s be clear.  Most Social Security Disability cases are handled on a contingency fee basis.  As such, the Social Security Administration will pay the attorney unless it’s different from the standard Social Security Disability case.

8. Can you speed up my case for me?  If so, how?

Every now and then, I get people who tell me that they talked to someone who says they can speed up their case for them.   Be careful.  If someone is representing that they can speed up your case, you need to ask them how and how much[d1] can they speed your case up?

9. Do you handle overpayment cases?

If you owe the Social Security Administration money that they expect you to pay back, you have what’s called an “overpayment case”.  Be careful because representatives don’t typically like these cases.   Why?  Typically, you have to pay them up front and most people don’t want to pay them.   Also, it takes a long time to win these cases in those rare instances when winning is even possible.

10. How far can you take my case?

If you remember, my first suggestion was that you ask if your potential representative is an attorney.  Most people don’t know that if you go through the complete Social Security process (i.e. Apply – Get denied before Local Office – Go to a hearing – get denied before a judge – appeal the judge’s decision – lose the appeal – no more options) , you can actually sue the Social Security Administration in Federal Court.  However, a non-attorney can’t do that for you.   Only an attorney can sue in federal court and the attorney must be a member of the Bar of that federal court.

For some people, the toughest question is,  “Where can I find a Social Security Representative?”  The National Organization for Social Security Representatives (NOSSCR) is a great organization made up of Social Security Representatives from all over the country.  If you want to contact them, call 800-431-2804 or visit their website at www.nosscr.org