Do You Need to Hire a Lawyer for a Slam Dunk Social Security Disability Case

Is there such a thing as a Social Security disability claim that is a guaranteed win?

Recently one of my YouTube viewers posted a comment stating that he did not plan on hiring and paying a lawyer 25% of his past due benefits because his case was a “slam dunk.” In his opinion, the medical record in his case was so strong that no judge would ever turn him down.

As I discuss in this video, I think that this gentleman is missing a number of key points about the Social Security disability decision making process works.

His assertion that he would pay 25% is the first hint of trouble. Disability attorneys are paid only if we win and our maximum fee is 25% with a cap of $6,000. So, if past due benefits exceed $24,000, which they often do, the effective rate can be significantly less than 25%.

Secondly, disability judges award cases based on what the evidence shows about work capacity limitations, and not based on a diagnosis. If one does not understand this distinction, and how to obtain evidence about work capacity limitations, the odds of losing go up.

Similarly, a person appearing pro se would need to understand how to cross examine a vocational expert witness and to pose hypothetical questions about work capacity.

That Social Security is unpredictable is beyond question. Remember that every case that I have tried and won has been turned down twice, both times after evaluations and review by Social Security claims adjusters and Social Security in-house doctors.

I have gone to court (and ultimately won) with clients in wheelchairs, on stretchers or so sick that they cannot leave their homes. How these folks were turned down by adjudicators remains a mystery.

While most disability judges are reasonable there are a few who are simply mean spirited, or simply unqualified and my role becomes focused on making a record for appeal.

While no one likes to pay professionals for work you can do yourself, 100% of nothing is still nothing. #ssdiattorneysfees #slamdunkdisabilitycase #disabilityhearings
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Jonathan Ginsberg
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