Is it worth it to go to my Social Security hearing? What should I do? Please read details below.
I did speak to another lawyer that said because I worked it would be tough but couldn't take the case because my former lawyer has a lien. If I filed from new, he said he would reconsider.
BTW, this is the real hearing, I already was denied twice.
3 attorney answers
I agree with the answer provided by Mr. Farrell. I would add only the fact that your prior attorney would not have a "lien", but would be required to file a petition for attorneys fee for approval of an authorized fee in the event that your case were approved at a hearing. You would have the right to respond to your attorney's petition for attorneys fees. Any new attorney would also have to file a petition for attorney fees if your case were approved, and benefits paid. I would get at least one more opinion from a qualified local Social Security lawyer before making your decision about proceeding to the hearing.
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If you do not go to a hearing, your case will be dismissed. I would talk to another lawyer. Good luck.
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It is impossible to tell from these facts what to do, and the facts you need to describe really should not be posted here.
Part of the answer depends on how long you worked and how much you made. The definition of disability for SSA is inability to do any substantial gainful activity for 12 months. That means any job anywhere in the US. If you only worked a month or 2, that might not be a problem.
It is almost always better for someone to try and work - if a person can work they usually earn more and feel better. So, I am not sure why your lawyer would tell you not to work.
I suggest you get another opinion. You may want to talk to an attorney in your area so you can review the specific facts with counsel. If you do not have an attorney, there are a number of good attorneys in your area, some of whom you can find here on Avvo. You may also contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact your local legal aid office if you cannot afford an attorney.
You may also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131.
Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
I hope this information helps. Good luck to you!
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The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.