WHEN TO GET AN ATTORNEY

Most people realize that sooner or later they will need to get an attorney or professional advocate involved in their disability claim.  The question is, do you want to involve the attorney sooner or later in the process?

Most attorneys don't want to represent a claimant until there has been a denial of the application.  They want you to file the application on your own, then when you get denied they will help with the appeal.  There are two reasons for this attitude:

1.  Attorneys don't want to invest hours of their time filling out the initial application forms, which can take anywhere from half a day to an entire day, or more.  They much rather you do all the leg work.

2.  If a claim happens to get approved at the initial or application level, there probably won't be an attorney's fee, so the attorney doesn't get paid.  Social Security will not pay the first 5 months of an SSDI claim.  So if the claimant gets approved within that first 5 months, there is no back pay, hence to attorney's fee.  Once a claim goes to appeal, there is nearly always back pay to be recovered and nearly always an attorney's fee.  Lawyers are like everyone else; they don't like to work for free.  Can you blame them?

My firm is an exception:  We will help you file the initial application and forms.  The reason is very simple.  We feel we give you a better chance of being approved the first time around, and if not, we lay good ground work the appeal that will be coming later.  In other words, we like to work "from the ground up" in building the case. We think it makes for a stronger case.

Now the big question:  Will the attorney's fee be more if you appoint the attorney early in the process?  The answer is No.

Here's the reason:  Attorneys do not work by the hour on Social Security cases.  They can only charge you a percentage of the back pay they recover.  So, if they work 2 hours on a case or 400 hours on a case, they get the same fee--exactly the same fee.

So, what's the advantage to waiting until the last minute to get representation?  It gives your representative very little time to prepare.  It's a big disadvantage, and there's no advantage to you.

I use the example of building a new house.  A contractor tells you, "I will lay the foundation, build the walls, the roof, do the plumbing and electrical work, handle all of the interior work and finishing....put in the floors...hang the drywall, and give you a lock-and-key job.  Or, I can let you do all that work and all I have to do is come hang the curtains at the end.  But my fee will be the same, either way."  So why would you not let this guy do all the work?

So my thought, logically, bring in professional help as soon as you can-- for the same money.
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The Forsythe Firm
Charles W. Forsythe
7027 Old Madison Pike - Suite 108
"Across from Bridge Street"
Huntsville, AL 35806

PHONE (256) 799-0297

E-MAIL ME:   forsythefirm@gmail.com

SOCIAL SECURITY JUSTICE - WEBSITE

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