Do I Really Need an Attorney for my Georgia Social Security Disability Claim?

"There is a big difference between being disabled and PROVING
that you meet Social Security’s definition of disability."


I sometimes get emails or read comments on my YouTube channel from disability claimants who ask why they need a lawyer. After all, if you have a significant medical or mental health problem and your doctor has suggested that you apply for disability, why give up 25% of your past due benefits to a lawyer?


If you find yourself asking this question I understand your concerns. You most likely have been out of work and thus struggling financially so why do you need to pay a lawyer to present your case when your disability is obvious to anyone who knows you? If I was in your shoes, I’d ask the same questions.


I think you can make the best decision about whether or not to hire a lawyer when you know more about the pre-hearing and hearing process. As I discuss in this video, you need to ask yourself if you can prepare your case on your own to obtain a “fully favorable decision.”


Usually, when a claimant appears without a lawyer, the judge will ask “are you sure you want to proceed on your own” and offer the claimant the opportunity to find a lawyer for a rescheduled hearing.


I have assumed representation of many claimants who hired me in this manner and here are the problems I usually see in their files:

1. The medical records are not up to date. Once a hearing is requested, no one at Social Security updates the file so if you do not request and submit evidence using SSA’s bar code system, your exhibit file may be months or years out of date.

2. Some medical records are missing but the unrepresented claimant does not know about the “5 day rule” or the procedure for letting the judge know about problems getting updated records.

3. There may be a “date last insured” or “onset date” issue that the judge will want to address at the beginning of the hearing.

4. The unrepresented claimant is most likely not familiar with the three “theories of disability” that may apply in his/her case and which one(s) actually do apply and why.

5. The pre-hearing forms consisting of the medication list, past work form and recent medical treatment form are not properly completed and submitted.


Disability hearings generally last about 45 minutes and your judge most likely has six to eight hearings scheduled for the day of your hearing. Unfair or not, the judge will expect you to present your case quickly and to focus on the main issue - why you do not have the capacity for competitive work. You will also be expected to cross examine a vocational expert and to understand how and why the judge uses hypothetical questions.


In sum, there is a big difference between being disabled and proving that you meet Social Security’s definition of disability. Your administrative law judge hearing is your best chance at winning with approvals nationally at about 45%, but my win rate is closer to 85%*.


Which odds would you favor?


NEXT STEPS...


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=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
Website: https://ssdanswers.com/glo
Facebook:   / ginsberglaw  
Telephone: 770-393-4985
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*85% win rate is no guarantee of anyone's individual success.