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Should I have A lawyer for social security disability to make sure I do not get denied ?

I'm Filing For Social Security disability as recommended by my Doctor because of damaged nerves in my left arm that may never come back due to surgery of a ressurection of a rib removal that caused a blood clot that was pinching off the subclavien vein.This was based on a nerve and muscle tests that was done. I can not lift, reach, lift arm up, or push with my arm.

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Attorney answers (4)

Reputation Level 12
Many Social Security claimants attorneys offer free initial consultations. You may want to explore this, so that you can make an informed decision on whether you will need an attorney. Many attorneys handle Social Security cases on a contingency fee basis: 25% of past due benefits or $6000 whichever is LESS. SSA will need to approve the attorney's fee. There are advantages to having an attorney early on advocate for you and assist in the development of your claim, and in not relying solely on the efforts of the state disability worker assigned to your case.

Reputation Level 13
If you have filed and have been denied the answer is "Absolutely yes!" Get a lawyer. Your injuries sound quite severe. Unfortunately, SSA has a non common sense definition of disabilty. If you are a highly educated and a younger person SSA may deny you with the rationale that you are able to retrain for work duties that do not require the use of your arm. The less education you have, the less job skills you possess and the older you are can all add to the liklihood of your being found disabled.

Reputation Level 14
You have the right to be represented by an attorney and to have an attorney assist you in filing your claim for disability insurance. However, an attorney will cost you some money.

It sounds like you are making your initial application for benefits and there are often community based groups that can assist you in preparing the application. However, if you have been denied, I would highly recommend that you seek the assistance of a skilled attorney before submitting any appeals, or "requests for reconsideration."

Good luck.

Reputation Level 9
Social security Disability allows both lawyer and non lawyer advocates to represent disabiled individuals. In my opinion, you should retain counsel, be it an attorney like myself or an experienced rep, if you want the best chance of not getting denied, but there is no guarantee that your odds improve if you are represented at the initial level by anyone. At the hearing level, you should have counsel since you need to know the rules regarding voc rehab and medical testimony.

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