Social Security Disability

Why You Need a Social Security Disability Insurance (SSDI) Attorney

Get Representation before Filing Your Initial Claim, as it may shorten the process and reduce the number of appeals you must file before receiving your benefits!!

The bottom line is that hiring a SSDI attorney is going to increase your chances of prevailing before the Social Security Administration (SSA). An experienced SSA disability attorney has more of an ability to cut through the “bureaucratic red tape:” writing letters in support of the disabled worker and getting the SSA the evidence they need to enter a favorable decision. Additionally, the appeals process can be a long and drawn out affair. Hiring an attorney may decrease the amount of appeals you have to file before finally receiving your benefits.

The unfortunate truth is that the SSA wrongly denies thousands of people each year who are truly disabled. It is hard to know exactly why this happens. It may occur as a result of the claim not being thoroughly evaluated. Some people theorize the Social Security Administration is on secret instructions to deny a given percentage of cases each month. While the SSA would strongly deny this explanation, and there is little to no evidence this occurs, given the sometimes-bizarre denials it makes both attorney and disabled person wonder.

The truth, however, is that a common practice is for the SSA to consult with a D.O. or a M.D. to give a disability opinion on your case, and that doctor may or may not be a specialist in your particular medical disorder(s). That doctor will issue an opinion, based upon their alleged review of your medical records, of how much they believe you are able to perform in the course of a day. This decision is made, in many cases, without them ever meeting you and without sending you for a functional capacity exam. For example, it is common for the SSA to hire internal medicine doctors, allergists, or even pediatricians to give expert opinions in fields of medicine far outside their area of practice. This means an allergist might be giving an opinion in an orthopedic case or even that a pediatrician could be providing an opinion in rheumatology or neurology case. Hiring an attorney, means you are retaining someone who can help you fight against these unfair practices and assist you in obtaining the benefits you have earned over the course of your working career.

Our Process

In many cases, for those who wish to retain Thomas & Thomas, we will meet with the disabled worker in our office or conduct a phone interview. While we would rather meet in person with all of our clients, we recognize that sometimes the poor health of a client prevents someone from traveling to our office. During the initial interview, we will gain an in depth understanding of your disability, develop a plan to provide the best chance of prevailing in your case, and decide how long remains for the denied claim to be appealed. We will then assist you with filing your appeal and fight to assist you with obtaining your benefits.

Payment Options

Social Security work is what is called contingency work. There are no legal fees unless we assist you with obtaining your benefits. If you prevail, the SSA will then deduct 25% of your back pay and issue a check to Thomas & Thomas. The SSA caps attorney’s fees at $6,000 for legal work done at the initial, reconsideration, and hearing levels. This means if the past due benefits are $12,000, the maximum fee in the case is $3,000. If the past due benefits are $24,000, the maximum fee in the case is $6,000. If the past due benefits are more than $24,000, the maximum fee in the case cannot rise higher than $6,000. HOWEVER, if the case has to be appealed to the Appeal’s Council or higher, the cap disappears and the attorney’s fee becomes 25% of all past due benefits. This is because of the increased amount of legal work done that must be accomplished at the Appeal’s Council level or higher.

Frequently Asked Questions