Attorney or not? - Disabilities Message Board

Vuitton70 · 12-11-2008, 09:24 PM

I found out today that I have been assigned a judge but have not been given a hearing date.

What are the pro's and con's of an attorney? I understand their knowledge of the proceedings, etc. but how necessary are they? I can't seem to find a competent office that I would be willing to retain.

I live in the Los Angeles area and out of about 8 offices I contacted, one called me back. The woman who took my information misplaced it and I had to call them back 3 months later. Not a good sign!

My older sister (who I rarely see and did not know was on disability) had my nephew go in with her and she was approved.

Any tips are appreciated!

roses4lace · 12-12-2008, 01:08 AM

Well, you certainly don't want an incompetent attorney - that could be worse than no attorney at all. In many states, attorneys who specialize in social security cases advertise with comments like "win 90% of cases they take". This is because they only take clients whose records appear to be in order and sufficient to win the case. Definitely hire an attorney who specializes in disability cases if you get one. Many of the specialists actually hire ex-social security employees, so they know what documents to look for, how to word the reports, what to emphasize, and know how to present your case before the judge in the best light.

If you feel confident on presenting your case, you can go it alone and take your chances. A number of people seem to have won their cases that way. My particular problem creates a severe stress reaction, so I would not have been able to handle it by myself. An attorney for me was essential. Each person is different. Good luck to you whatever your decision.

gayle4102 · 12-12-2008, 11:31 AM

I agree with roses4lace. If you feel confident on presenting your case, you can go it alone and take your chances.

Statistically, I think your chances are better if you have an advocate or attorney - but that may be because they will have your case well orgnaized and presented. Or, they may know the judge, and exactly what he/she looks for, before approving a case.

For many reasons, I chose to use an attorney. I did a lot of searching before I picked the one I am using. No point getting one you do not think is competent.

Good luck, and be sure to let us know how it goes.

Gayle
(still waiting for a date with the ALJ)

Vuitton70 · 12-12-2008, 02:12 PM

Thanks for the suggestions, the cap on what they can take is 25%? What is the *average* cut to the attorneys?

gayle4102 · 12-12-2008, 03:11 PM

All the attorneys I looked at charged 25% of the back pay check. I don't think I have ever seen one that charged less than that, but there may be some that do. I believe the cap is $5,300 that an attorney can charge.