Frequently Asked Disability Law Questions
How much does a Social Security Disability Lawyer cost?
There is absolutely NO FEE UNLESS YOU WIN! The Social Security Administration regulates the amount that an attorney can charge in SSDI and SSI cases. As a result, virtually all Social Security Disability lawyers charge the same. If we successfully get your claim approved, we collect 25% of any retroactive payments awarded to you, up to a maximum fee of $9,200, whichever is less.
However, if your case requires appeals representation to the Appeals Council and/or Federal District Court, a higher amount may be paid in attorney fees. Additionally, Desert Disability® will advance expenses involved with obtaining medical records from your healthcare providers or other establishments, and these costs will be billed to you upon completion of your case.
Is there a deadline for filing an appeal of a denial of benefits?
The Social Security Administration allows 60 days for an appeal to be filed. This can be done online at www.ssa.gov, or you can file an appeal at your local Social Security field office.
If you’ve retained Desert Disability, our team will handle this process on your behalf.
How long must I be out of work before applying for Social Security Disability benefits?
The Social Security Administration requires that your disability will last or be expected to last at least 12 months. It is best to apply for disability benefits as soon as you stop working due to a physical or psychological impairment.
Due to the lengthy waiting period involved in the Social Security Disability process, unnecessarily waiting to file a claim will only cause further delay. In addition, waiting too long to apply can potentially cause you to lose out on benefits that were rightfully owed to you in certain situations.
Will Social Security require me to be evaluated by their doctors?
Although not required, Social Security will frequently schedule a Consultative Examination as part of their disability determination process in order to assess your physical and/or psychological impairments and limitations. This examination will be paid for by the Social Security Administration.
It is imperative that you attend your scheduled examination and be sure to advise the examiner on all of your disabling conditions, symptoms, and work-related limitations.
Will I receive backpay, and if so, how much?
Yes, you will receive backpay, assuming that you are found disabled as of a date in the past. However, Supplemental Security Income can only be retroactively paid to the date of the SSI application.
Disability Insurance Benefits, on the other hand, can be recovered to a point up to 1 year prior to the date of the disability application.
To learn more about how Desert Disability can help with your Social Security Disability application, appeal, or hearing, complete our brief intake for a free case review by a Disability Attorney.