There are several types of disability benefits and disability insurance lawyers who focus on obtaining benefits for disabled workers. Typically, a disability benefits lawyer will specialize in either Social Security Disability Insurance and Supplemental Security Income, Private Disability Insurance Policies, or Employer-sponsored long term disability insurance policies (also known as ERISA policies).
Few lawyers focus on all of these areas although there is substantial overlap, and frequently a client-facing a long-term disability will have several of these options at her disposal.
Learn more about disability benefits lawyers in NJ:
Social Security Disability Benefits Lawyer or SSI Lawyer in New Jersey
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are programs run by the federal government designed to provide a monthly income benefit to workers who are disabled and unable to work at competitive levels (called substantial gainful activity or “SGA”). The majority of Social Security and SSI claims are denied initially and on appeal. If you a claimant receives a “Notice of Disapproved Claim” she has a right to request a hearing in front of an Administrative Law Judge (ALJ). Hiring a disability benefits attorney early can help gather evidence, work through “trick questions” on application forms, and present the case in front of the judge at any hearing.
Fees for Social Security attorneys are set by the government and limited. Read more here.
Long-Term Disability Insurance Lawyers in New Jersey
Long-Term disability (LTD) insurance can be purchased individually through a broker, or it may be a part of an employer’s benefits. LTD policies are meant to offer a monthly income for disabled individuals who cannot work. These policies, particularly offered through employers are often designed to supplement Social Security benefits. Unfortunately the law has put many tools in the hands of insurance companies to allow them to unfairly deny or terminate benefits. It is usually critical to consult with a disability benefits lawyer as early as possible to make sure the worker’s rights are protected.
Fees for long-term disability attorneys can vary widely depending on the benefits at issue. A disability benefits lawyer will usually accept a case purely on a contingent basis, that means that you won’t pay a fee unless your are successful, but, attorneys may also be hired on an hourly or flat-fee basis.
If you’re researching this issue you’ve probably read any number of opinions on whether you should hire a disability benefits lawyer from the beginning of your case or wait until you’re denied. Most of these opinions are probably from other attorneys who would very much like the answer to be “yes.” In reality though, the answer as to whether you need an attorney before you file your application really “depends.” We posted a similar answer in 2012, but some important factors have changed since then; namely, the increased number of denials, even in very strong cases. Check out both articles for a complete picture.
For some people, the answer may be “no,” you do not need an attorney. Applying for Social Security for certain impairments with debilitating limitations should be a “no brainer.” Social Security maintains a list of conditions that are so dire, they should “obviously” result in a disability. A list of these conditions is maintained here. If you have one of these conditions, you might not need an attorney unless you are too ill to file on your own and don’t have someone to help you. However, even in the strongest of these cases, Social Security has been under pressure to deny more cases, and, at the same time, to move cases along more quickly, resulting in cases being decided before all of the medical evidence has been presented. So, even if you have a listed impairment, and satisfy all of the criteria of that impairment, we always recommend taking advantage of a free consultation with an experienced disability benefits lawyer to determine whether your case will be as “cut and dry” as it should be.
For everyone else it’s a tougher question that varies on a case-by-case basis. The statistics will tell you that it may be in your best interest to hire a disability benefits lawyer early on. The majority of applications are denied initially and on “reconsideration,” all the way up to the Administrative Law Judge (ALJ hearing). In fact, for 2013, less than 35% of all initial applications were approved. At Reconsideration that number drops to a jaw-dropping 7.5% (a number which has steadily dropped each year since 1999)! However, here’s where things get interesting, at the hearing level, the approval rate is about 56%. This is another number that’s steadily dropped, and I’m sure once we can look at the 2015 numbers we’ll see approvals lower across the board, but that’s a question for another article. By the way, these numbers are all publicly available here.
So why are these statistics important in deciding whether you hire a disability benefits lawyer? Attorneys often aren’t called until the hearing stage, after someone has already been denied initially and on reconsideration. The impact is noticeable, but it’s not as easy as “hire an attorney, win my case.” When you call an attorney with experience in Social Security, you’re going to get an evaluation of your case. There are a few parts to this for attorneys who offer free consultations. First, it’s your opportunity to talk to the attorney and decide if his or her firm is a good fit for your needs (something I’ll cover another time). Second, it’s a chance for the disability benefits lawyer to decide if he or she can help you with your case. The third part of this is the attorney should evaluate the merits of your case and assess any problems you may have in pursuing your claim for benefits.
You almost certainly will have at least one issue that may need to be addressed before you have a chance at obtaining disability benefits. If you don’t, you probably fall into that first category of “no brainers,” and unless you’re simply too overwhelmed or ill to file on your own, you may get some helpful advice and sent on your way. Otherwise, if there are problems that need to be addressed, whether it’s a potentially uncooperative doctor, a gap in treatment, the receipt of unemployment benefits, attempts to return to work, or something else entirely, hiring an attorney early may give you an edge in getting these issues taken care of before they turn you into the growing majority of disabled workers denied Social Security benefits or SSI.
Do you need a disability benefits lawyer to file for disability?
Completing endless paperwork for Social Security may be the last thing you want to do.
If you’re researching this issue you’ve probably read any number of opinions on whether you should hire a disability benefits lawyer from the beginning of your case or wait until you’re denied. Most of these opinions are probably from other attorneys who would very much like the answer to be “yes.” In reality though, the answer as to whether you need an attorney before you file your application really “depends.” We posted a similar answer in 2012, but some important factors have changed since then; namely, the increased number of denials, even in very strong cases. Check out both articles for a complete picture.
For some people, the answer may be “no,” you do not need an attorney. Applying for Social Security for certain impairments with debilitating limitations should be a “no brainer.” Social Security maintains a list of conditions that are so dire, they should “obviously” result in a disability. A list of these conditions is maintained here. If you have one of these conditions, you might not need an attorney unless you are too ill to file on your own and don’t have someone to help you. However, even in the strongest of these cases, Social Security has been under pressure to deny more cases, and, at the same time, to move cases along more quickly, resulting in cases being decided before all of the medical evidence has been presented. So, even if you have a listed impairment, and satisfy all of the criteria of that impairment, we always recommend taking advantage of a free consultation with an experienced attorney to determine whether your case will be as “cut and dry” as it should be.
For everyone else it’s a tougher question that varies on a case-by-case basis. The statistics will tell you that it may be in your best interest to hire a disability benefits lawyer early on. The majority of applications are denied initially and on “reconsideration,” all the way up to the Administrative Law Judge (ALJ hearing). In fact, for 2013, less than 35% of all initial applications were approved. At Reconsideration that number drops to a jaw-dropping 7.5% (a number which has steadily dropped each year since 1999)! However, here’s where things get interesting, at the hearing level, the approval rate is about 56%. This is another number that’s steadily dropped, and I’m sure once we can look at the 2015 numbers we’ll see approvals lower across the board, but that’s a question for another article. By the way, these numbers are all publicly available here.
So why are these statistics important in deciding whether you hire a disability benefits lawyer? Attorneys often aren’t called until the hearing stage, after someone has already been denied initially and on reconsideration. The impact is noticeable, but it’s not as easy as “hire an attorney, win my case.” When you call an attorney with experience in Social Security, you’re going to get an evaluation of your case. There are a few parts to this for attorneys who offer free consultations. First, it’s your opportunity to talk to the disability benefits lawyer and decide if his or her firm is a good fit for your needs (something I’ll cover another time). Second, it’s a chance for the attorney to decide if he or she can help you with your case. The third part of this is the attorney should evaluate the merits of your case and assess any problems you may have in pursuing your claim for benefits.
You almost certainly will have at least one issue that may need to be addressed before you have a chance at obtaining disability benefits. If you don’t, you probably fall into that first category of “no brainers,” and unless you’re simply too overwhelmed or ill to file on your own, you may get some helpful advice and sent on your way. Otherwise, if there are problems that need to be addressed, whether it’s a potentially uncooperative doctor, a gap in treatment, the receipt of unemployment benefits, attempts to return to work, or something else entirely, hiring an attorney early may give you an edge in getting these issues taken care of before they turn you into the growing majority of disabled workers denied Social Security benefits or SSI.
Bross & Frankel, P.A. Disability Benefits Lawyer in New Jersey
When you can’t work, you need skilled assistance navigating the programs and benefits available to help get you back on your feet. Bross & Frankel has been helping individuals in the Philadelphia, South Jersey areas and throughout the nation for over 30 years. For a free claim review near you, call us today at (856) 795-8880.
If you’ve been injured at work, or your employer is keeping you from work due to discrimination, wrongful termination, or a refusal to grant reasonable accommodations, we can help you get back to work too!
Contact us or call us today at 856-795-8880 for a no obligation claim review.