Thursday, September 22, 2011

Oak Lawn Social Security Disability | Can I afford an Attorney?

You are beginning to have serious financial problems. You don't know when, if ever, you are going to be able to go back to work. You have applied for Social Security Disability benefits and have been denied. You now are placed under more stress because there are no benefits coming in. As we discussed in a previous post, What Can an Attorney Do For Me?, you now know that your best chance to receive benefits is to hire an attorney. You also ask yourself, How can I pay for an attorney? As most people know, an attorney's time is very valuable. That means their hourly rate is probably higher than the average individual. This leaves you feeling like you cant afford an attorney. The area of Social Security Disability is unique though. Most, if not all, attorneys take Social Security cases on a contingent basis. What does that mean to you? A contingent basis means that they only get paid if you win your case. I will include a few segments of my fee arrangement agreement with this post. My fee agreement is not necessarily the same as any other attorney and you should carefully review any contract you are asked to sign. The following is an excerpt from The Law Office of Jonathan W. Cole fee agreement for Social Security Disability for the 2011 year:


I employ and appoint THE LAW OFFICE OF JONATHAN W. COLE as my attorney and the attorney for my dependents to represent us in a claim for Social Security benefits.  If we are successful, I will pay him an amount equal to 25% of any past due benefits due to me and my family, up to a current maximum of $6,000.00, or whatever is allowed by law or regulation, whichever is the lesser of these two amounts. This is called a contingent contract.  If we are not successful, you owe nothing more.  ...

  I will reimburse him for any out of pocket expenses he pays in furtherance of my claim.  These usually include the cost of doctor, hospital, and other records; long distance calls, faxes, messenger services; but in no case to exceed $300.00 without my prior written consent. ...

Please note that this is simply a few snippets from The Law Office of Jonathan W. Cole's social security disability fee agreement. What is important to note from these passages is the way that you pay your attorney. In my fee agreement, I take 25% of your past due benefits. You may ask, what are my past due benefits. When your application is received, Social Security considers that the "Start Date" of your application. You are entitled to benefits from that date. In some cases, you may be eligible for benefits up to three months prior to your "Start Date". From your "Start Date" to the actual day you get approved for benefits is called the past due benefit period. You will receive a a large check from Social Security to account for the benefits you should have received from your application date. As your attorney, I will receive 25% of those benefits. Attorneys receive their check directly from social security. This is advantageous for you because you never need to directly pay your attorney. Additionally, your attorney is happy because he doesn't have to worry that the check is coming. The only funds you will have to give directly to your attorney are a reimbursement of any copying costs they spend on your behalf. Attorney's are charged by medical facilities for the copying costs of obtaining your records. 

You now know that there are very little out of pocket costs to having an attorney handle your case. As my previous posts have indicated, the benefits of having an attorney on your case may very well be the difference between receiving benefits or being denied. If you would like to hire an attorney to represent you, contact:

5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794





Tuesday, September 20, 2011

Oak Lawn Social Security Disability | What can an attorney do for me?

Generally, people who have been denied Social Security Disability benefits ask for attorney assistance to appeal their decision. Usually, they have applied for Disability benefits and have been denied. The next step is to ask for "reconsideration". If you are denied again after the reconsideration stage, it is important to immediately call an attorney. At each stage of the application process, there is a time limit on appealing the decision. If you miss that deadline, you will not be able to appeal the decision.

 So you have been denied on reconsideration and now call an attorney, what can they do for you? The biggest thing that an attorney can do for you is compare your condition to the requirements that are set out by the Social Security Administration. This evaluation is a great indicator of whether or not your claim for disability benefits is a winning claim. If a claim has a chance for success, your attorney will prepare a brief and submit it to the ALJ (Administrative Law Judge). This brief will set out the reasons why you should qualify for benefits and how your conditions fit the requirements for your particular disease or disability. In addition, your attorney will be present in the ALJ's hearing and will have the opportunity to cross examine the occupational specialist and medical expert. This is important because there are times when an ALJ misspeaks and asks questions that may not be pertinent to your situation. An attorney also can argue that you meet a special set of circumstances that we call "The Grid". These arguments are specialized in that they are a combination between formal and informal arguments. The advantage of having an attorney in your corner is that they know the proper way to make arguments to the ALJ. There are very specific requirements that must be met, and specific medical documentation that should support those requirements. An attorney knows how to present that documentation so that the judge can easily follow how you qualify.

To speak to an attorney about your Social Security Disability case, call;

The Law Office of Jonathan W. Cole
5013 W. 95th St.
Oak Lawn, IL 60453
(708) 529-7794
www.jwcolelaw.com

Thursday, May 26, 2011

Social Security Disability | Starting a Case

The worst case scenario has come, you are not able to work because you are disabled and your bills are pileing up. You want to know what you need to do to apply for social security disability benefit. This blog post will help you with the initial application. There are many steps that need to be taken if your initial application is denied, and you should probably hire an attorney if this situation arises, but some people feel that they would like to initially file their claim alone.  There are four steps that need to be taken to file your initial claim.
  1. Review the Adult Disability Checklist for details about what you will need before starting the online process;
  2. Fill out the online Disability Benefit Application to provide us with information regarding eligibility for payment;
  3. Fill out the online Adult Disability Report to provide us with medical and work history;  and
These form are linked above and are mostly self explanatory. If you still would like more information about filing your claim, visit my Social Security Page on my website or call me at my office at (708) 529-7794 to find out more information about starting your claim. Good luck with your application.


Friday, May 20, 2011

Social Security Disability | Welcome to the Blog

You are probably here because you are disabled and can not work. You may be struggling with your bills, wondering how you are going to stay in your home. You may have trouble getting through the day to day tasks. Applying for Social Security Disablity benefits may be the best option to assist you in your day to day life. This blog will provide basig and general information about the application process. If you woud like to have an attorney handle your case, The Law Office of Jonathan W. Cole is here to help. Whether you are thinking about applying, or have been denied and are looking to appeal, this blog will help you uinderstand the benefits process. Good luck with your application.