Do You Really Need a Lawyer to Claim Disability?
Often, the question arises: do you need a lawyer to claim disability benefits? While it is not a legal requirement to have one, the reality is that hiring an attorney significantly improves your chances of approval.
Introduction
The decision to seek legal representation when applying for Social Security Disability benefits comes down to understanding the complexities of the system and your personal situation. While the Social Security Administration (SSA) does not mandate having a lawyer, a skilled advocate can be invaluable in navigating this intricate process.
Understanding the System
Disability benefits are governed by a series of rules found in the 20 Code of Federal Regulations (CFR) and, importantly, federal court decisions. These regulations are numerous and specific, making it difficult for individuals to navigate the system without professional assistance.
The Need for a Lawyer
While it is not a requirement to have a lawyer, the statistics are compelling. According to a 2016 Government Accountability Office (GAO) study, those who use an attorney or advocate are about three times more likely to be approved for disability benefits compared to those who do not. This highlights the significant advantage of having legal representation.
How to Apply for Disability Benefits
Applying for disability benefits can be done in several ways. You can either download and fill out the SSA-3368 form or apply online through the SSA website. Downloading and printing the form is recommended as it allows you to think about your answers and goes back to previous questions, something you cannot do while completing the form online.
Conditional Eligibility
While having a condition listed in the SSA Blue Book increases your chances of approval, it is not the sole factor. Numerous conditions are approved, but simply having one does not guarantee eligibility. Similarly, if your condition is not listed, this does not mean you will not be approved.
To be eligible for disability benefits, you must demonstrate how your disability impacts your ability to perform substantial gainful activity (SGA). This evaluation considers your work experience in the last fifteen years and whether the skills from previous jobs can be transferred to other positions that would allow you to earn SGA. If you can perform such work, you will not be approved for benefits, despite your disability.
Conclusion
In summary, while a lawyer is not legally required to apply for disability benefits, the benefits of professional legal representation are significant. Understanding the complex rules and regulations, and having a knowledgeable advocate to guide you, can dramatically improve your chances of securing the benefits you need.