So it seems I’m going to need to hire an attorney sometime in the next few months, and I’ve never done so before. It will be about a social security disability (SSI) matter, and I’m not feeling real comfortable picking one out of the yellow pages.
I figure I’ll call a few, consult with them, and go from there. The problem is, I don’t really know how tell a good lawyer from a bad one. I’ve never hired one before, and the only people I know have hired family-law or criminal defense attorneys, so my acquaintances can’t give me any good referrals specific to my need. So how do I tell a good from a mediocre from a bad disability lawyer? Are there certain questions I should ask? Any warning signs to look out for? Give me some pointers, as I am utterly clueless.
It can’t hurt to look through your local yellow pages. If you see a single attorney who advertises that he specializes in every area of the law, avoid him/her.
You know, that was my first instinct. I noticed one advertising during daytime TV everyday around lunchtime, and I automatically thought, “Ok, not that one.”
Social Security disability is an area that attorneys specialize in. You are definitely better off going with an atty who specializes in SS law, than a general practitioner.
What stage is your claim in?
He/she should be willing to work-up your case prior to the hearing, instead of essentially “winging it” at the hrg as many do.
Ask a prospective atty what his/her experience/success is?
How many active cases does he/she have?
What is his/her success rate following admin hearings?
Does he/she handle the appeals to district court?
The national org of SS attys is NOSSCR. You might want to check them out. http://www.nosscr.org/ They have a toll-free number for referrals.
An experienced Milwaukee atty hosts a forum on-line you might wish to check out. http://traverlaw.com/
This guy is a friend of mine and, IMO, just about the best SS disab atty around. eric@schnaufer.com
Tho he works out of Chicago, he has national connections. You might want to drop him a line and see if he can recommend anyone in your area.
Here’s a serious one - they should be able to reach on the phone, and should return your calls.
Don’t be overly concerned if the atty has a law clerk or administrative assistant be the main point of contact for scheduling, inquiries, development of the record, etc. In fact, that can be a good thing. The law clerk will be available more regularly, when the atty is out at hrgs, golfing, etc. SS disab is a high volume area of practice. Although your case is very unique to yourself, there are only so many different types of disab claims, and they all get processed similarly. An experienced legal assistant can bring considerable efficiency and expertise to your claim.
I never really understood this. If I were a client, and I saw my lawyer had really plush offices, I’d be wondering about what kind of fees he/she was charging to support such style. I’m talking about the granite conference tables, gold leaf elevator ceilings, premium office suites, and such that I’ve seen in big firms.
Most SS disab practices tend to be very small shops. Often also handle WC. I know tens of SS disab lawyers. Not one has what I would call overly plush offices. Tho they can make a very comfortable living, you need a whole bunch of successful EAJA or 406(b) fees (not to mention SSI fees) to equal the contingency fees a PI atty might rake in from a single successful wrongful death claim.
In Massachusetts, at least, the Bar has a referal service. There is someone who will help you find a lawyer in your area handling your issue from your point of view (ie, we needed a tenant lawyer, not one that worked for landlords to help us). We were refered to a fellow down the street that is everything we wanted. And as a bonus, if refered by the service, the first 1/2 hour is 25 dollars, so if you get a really bad feeling off the guy, you can go see someone else with minimal cost. It worked great for us, not sure how we would have found an attorney, if not for it.
Not sure how this would apply to the OP circumstance, but others may file this away for future reference. Here is how I chose a lawyer to represent me in a matter I’d rather not go into:
I spent an afternoon in the gallery of the judge who would be hearing my case.
Some of the lawyers were real ass-hats and got treated as such. A couple of them had obviously done little or no preparation prior to court. One of the ADAs was a young woman and 2-3 of the asshats were overtly patronizing. (important as the judge was also female, and noticed thier patronizing tone)
There was one lawyer that seemed to be a 2-3 cuts above. Well prepared, articulate, and did some nice thinking on his feet. The judge listened intently to his every word, and treated him with a great deal of respect even when denying his motions. That was my guy.
I approached him as he was leaving the courtroom, and asked for his card so I could contact him regarding my case.
BTW, other than the expense of hiring the lawyer, it turned out well for me.
Thanks all, for the advice. Dinsdale, those links look helpful and I greatly appreciate your input. I suspected that cases like this are fairly routine, but I’ve very little experience with attorneys of any sort.
I’ve not filed yet, but I intend to as soon as I receive some pertinent information that SS is going to want. (Yeah, for extra fun, I get to hire a private investigator to get me the necessary info.) I’m seeking a lawyer now because I’ve been told by several people who have been through this that the initial claim will be denied, and the next step is to hire a lawyer and dispute it (or appeal, whichever is the correct term). I’m just trying to get my ducks in a row now, so I know what to expect and how to proceed.
Fortunately, cost isn’t a major obstacle. I don’t care to waste a lot of money on initial consultations, but if I can find a good, even expensive, lawyer, we can afford it.
I’ve not filed yet, but I intend to as soon as I receive some pertinent information that SS is going to want. (Yeah, for extra fun, I get to hire a private investigator to get me the necessary info.)
I’ve never heard of a SS disab claimant needing/using the services of a private investigator. Don’t know what else you need beyond medical, employment, and possibly school records.
I’m seeking a lawyer now because I’ve been told by several people who have been through this that the initial claim will be denied, and the next step is to hire a lawyer and dispute it (or appeal, whichever is the correct term).
If you are initially denied, you can request a hearing before an ALJ (administrative law judge). (There is currently a reform of the process underway - in some jurisdictions there may be a second step - reconsideration - before the hearing.) While most claimants do not have a lawyer when they apply, you definitely would benefit from having one for the hearing.
Fortunately, cost isn’t a major obstacle. I don’t care to waste a lot of money on initial consultations, but if I can find a good, even expensive, lawyer, we can afford it.
You may not want to say that as you are pursuing SSI benefits - which have pretty strict income/asset limits for eligibility.
In any event, lawyers’ fees for representing SS claimants are contingent and capped by law. Tho I am not certain, for SSI I believe it is a specific dollar amount - for DIB it can be a portion of past-due benefits. Since SSI fees are set relatively low, my understanding is that some attys will avoid representing SSI only claims.
One final point, if you are filing for SSI only, benefits cannot be paid for any month prior to application, no matter when you actually became disabled. So you might benefit from applying sooner rather than later.