“Do I need a Lawyer to get Social Security Benefits”  you ask.

“No Not really.”  This attorney opines.

Some additional comments:

 But Hmmm…If you can really do the application process in a smart and timely fashion, you may not really be all that disabled.  This thought might also occur to some decision maker in your case.  This is not to say that I have not heard of individuals filing and arguing their own cases successfully.  I would strongly suggest that you recruit a competent administrative type helper go though the process with you, if you are going to bypass a lawyer.

Filling out paper work, meeting deadlines, gathering medical records, and maybe even in some cases preparing and having a lay or  expert witness to appear at a formal hearing on your behalf will be your main tasks.  The expert witness  should be versed in both the process, and more importantly, the objective disability standards, which are often subtlety considered in some cases.  Also you knowing Social Security law is helpful by you and your witnesses.  Our government offers some good basic understanding of the whole legal scheme with their brochures.  If you are going it alone or with a supportive non-lawyer type, or if you are  having a lay representative who will officially represent you might start by giving the social security administration (SSA) a phone call at 1.800.772. 1213.  Ask for the forms.  If you ever decide to get a lawyer, ask the guy or gal if she/he has successfully represented Social Security applicants.  It is never a good idea to be a guinea pig.

Many years ago I was a ‘benefit authorizer’ for Social Security, and I very often observed that you can connect with a courteous, helpful, and able, if over worked civil servant that will help get you jump started in pursuit of a ‘disability’ award.  Be civil to the civil servant and tell the civil servant that you (or a friend) is disabled and you want to file an application.  In addition, remind the civil servant that you want the relevant information brochures mailed to you.  Alternatively, you might get started by going to your local social security office.  Better, make an appointment or you will probably exacerbate your disability by sitting on one of the Social Security Administration's famous waiting benches.  It is not like you are going to get the red carpet treatment.  If you go in person, do not look too healthy.  Bad first impressions might be a bit helpful here.  On the other hand, you might consider getting started on your quest for disability checks by via the Internet.  Http://www.socialsecurity.gov might be a good place to start. 

Your initial application should really be reviewed by someone with a good understanding of the basis for your claim and has your best interest at heart.  Your first and (subsequent, )written representations may directly influence the outcome of your claim for good or ill.  Remember no one in government will ever care about your plight like yourself.  So remember the first rule of the Marquis of Queensberry.... "protect yourself at all times".

With rare exception, you will fail or prevail on medical records.  So it is very important that you have a stellar history of treatments for whatever is disabling you.  More precisely have no aspect of your malady or maladies go undocumented, to the very zealous best of your ability and resources.  If SSA asks you to go to their doctors, do not interpret this as a hopeless run around...just go and cooperatively submit to the examinations.  You are likely to be asked to fill out a slew of other questionnaires about your medical conditions.  Give considered thought on how you respond for bloomin sakes.  Stupidity has sunk many an application methinks.

It is tough to win a successful determination on the initial paper application for some reason, no matter how compelling and complete you present your case.  I never fully understood this SSA phenomena but I have my personal theories.  Anyhow, if you do not win your case, in the finest American tradition, you do what???  You appeal!!!

Now again you can go it alone on appeal but the stakes are now much higher. You do not want to lose at the formal hearing.  In Pennsylvania more then half the cases are won at this level, but if you lose and want to appeal again, in all likelihood it will require more sophisticated arguments, often citing law and previous court decisions that I think absolutely requires counsel.  Also the lawyer handling this appeal from the formal hearing is sure to chastise you for screwing up your representations somehow and about not hiring him or her in the first place.  Sometime these comments might be close to the mark and sometimes you just did not win for a host of understandable reasons.

Now do you want to go to a firm that does nothing by social security cases?  I hedge, maybe yes and maybe no.  A firm that just does social security cases may just process your case on an assembly line basis, playing the win-loss percentages, and not give you the individual attention you may feel is needed or desired.  However, a firm that just does social security work might not be tripped up where a more generalist firm might falter badly.  There are a slew of other arguments pro and con…yadda, yadda, yadda.  Often it is a good idea to talk to a successful SSA applicant who is happy with the services provided by his or her firm.

Do not think for a moment that your case will be dramatically hashed out like the major trial contests on the old 'Perry Mason Show' (dating myself) or the 'Boston Legal' television programs.  The SSA conducts an informal hearing in a conference room setting.  The Administrative law judge may almost certainly ask you questions.  There will be a government disability expert present who is paid to be non-partial and assist the judge in the fact finding process.  In addition, you can bring your own experts to advance your case.  Often counsel may submit a 'memorandum of law' to the judge, which more fully articulates your legal claims for the record.  These hearings are not all day affairs and rarely exceed 90 minutes.   Again individuals I think have lost their case because of just being dumb.  Some drive a long for a long distance to the hearing and/or act very animated at the hearing in manners very contra to their disability claims.  Some hold part time jobs contra to their claims of disability or engage in other dubious activities.  Stories like this are forever repeating themselves in  endless variations.  Needless to say some very sad results occur from often honest and meritorious applicants just not thinking about the implications of their words and actions.

The administrative law judges (ALJ) are smart experienced people and are very good at ferreting out malingers.  It has been my experience that the ALJs  always move expeditiously...and usually convey their decisions within ninety days.  Under some circumstances, you can even initiate a new claim during the period your appeal is being decided by the administrative Law Judge (ALJ).

 Summarizing  here: The Social Security Disability programs are all about making payments to individuals not being able to work in gainful employment for particular physical or psychological reasons or for combination of several such conditions.  If you are suffering from a condition(s) that does not allow you to work you may wish to explore either the Social Security Disability Insurance Program (based on work history) and/or the Supplemental Security Income (SSI) program based on your personal financial conditions.  Again seek out SSA resources or an attorney or a knowledgeable person in these regards.

Social Security program benefits often represent a life saving area of the law for interested applicants.  Therefore, the comments on this web page are not to be in any manner substituted for direct legal advice.  Do not formulate decisions based on these comments.  At the very least you would want to consult an Attorney, face to face, in real time, licensed to practice law in the Commonwealth of Pennsylvania or in the state or jurisdiction in which you are seeking benefits.  The web has its limitations.  Let me be more specific: The comments on this page are not designed to give you a definitive comprehension of Social Security Law and certainly are not crafted to give you a direct understanding of your particular situation as it pertains to obtaining Social Security Disability benefits. 

Your might be saying as you read this article...enough talk... do my aliments apply.. The answer is usually yes and no.  People have won and lost claims with brain injuries, diabetes, asthma, heart disease, and even being divorced from reality. Age and education and your job skills are also part of the mix when considering disability. Even debilitating conditions as far apart as arthritis and AIDS should be explored.  Hepatitis, lupus, MS and a whole range of bodily and mental illness are applicable by themselves or in conjunction with other maladies.  Chronic headaches, inability to lift or stand may qualify you for your disability claim.  All of the possible conditions cannot be listed here in there various stages of severity and complexity with other disabling conditions.  But if you genuinely cannot work because of a disability file a claim. You may be losing benefits that you are entitled to under the law.

 I have never represented a client unsuccessfully in social in a security disability representation, ( there is always the first time,) over the last 25  years.  However due to the nature of my practice, I rarely now personally process these matters.  I do consider making a home visit to interview the disabled individual whom is considering making an application.  Thereafter I would make a recommendation to appropriate counsel as the circumstance might warrant.

 In all events, I wish the reader the best of

‘Good Luck’,                DENNIS