When a potential client contacts my office for representation of a Social Security Disability (SSDI) or Supplemental Security Income (SSI) claim, they are normally provided a free initial consultation. The purpose of the Social Security disability consultation appointment is to determine if I can assist an individual and for the individual to determine if they want to hire me as their attorney. These appointments are important for information gathering, education and for developing a rapport.
I normally use the same structure for all of my Social Security Disability/SSI consultation appointments. What is surprising to many individuals that meet with me for the first time is that I normally spend 10 to 15 minutes reviewing information that is not viewed as being directly related to an individual’s disability. This information is ultimately important because it allows me to determine whether an individual qualifies for any Social Security Disability program.
1. I Determine the Individual’s Current Status
I begin all my appointments by determining where an individual is in the Social Security Disability Process. If the individual was denied benefits, I begin by reviewing the denial notice. The denial notice provides information on the next available appeal, the deadline for filing an appeal, the evidence that was used for the determination and the programs that the individual applied for.
If the individual is still working, I need to make a determination of whether it is possible to apply for benefits immediately, or if the person must end or reduce employment first. If the individual has not applied for benefits, I help determine if a disability application is appropriate.
2. I Compile General Information and a Medical History
After I determine an individual’s current status, I obtain details that help me determine if they qualify for Social Security disability benefits. I begin by reviewing the nonmedical requirements of the Social Security Disability programs. I obtain information about current income, resources, and income/resources of a significant other or spouse. I ask for information about the individual’s work history and past earnings. With this information, I am able to determine if a potential client meets the nonmedical disability requirements.
If an individual qualifies non-medically, I obtain details to determine if they meet the medical qualifications for Social Security Disability. I determine how the disability began, when an individual last worked, and how the individual decided to stop work. I ask why an individual remains unable to work. Although I am concerned about why an individual initially stopped working, I am equally concerned about why they are unable to return to work. If an individual’s condition has improved since they last worked, I explore the possibility of pursuing benefits for only a limited period until the improvement occurred.
I ask potential clients to provide me with a list all their medical impairments/conditions. I ask that conditions be included even if they are not directly related to the reason that the individual stopped working. I ask the individual to describe how the medical conditions affect their ability to perform activities, and ask for limitations that they experience because of the condition. It is important that the individual provide details on both physical and mental symptoms they experience.
After details are provided about the medical condition, I ask for details about the treatment. I ask for the name of every Doctor that has been seen, and any medication being used. I ask about past surgeries, hospitalizations, physical therapy or any other treatment that has been received. I normally want details of all treatment since at least one year prior to the date that the individual last worked.
3. I Describe the Disability Requirements and the Disability Process
After compiling information about the medical and nonmedical requirements of the Social Security program, I focus my attention on educating the potential client. I explain what must be proved in order for an individual to be approved for benefits, and discuss the disability process. I review the general waiting time for a decision and the average approval rates at each level of the Social Security Disability process.
If I perceive any potential problems, I also discuss those with the individual. I explain the impact of noncompliance and substance abuse, and I review the importance of regular treatment and specialist care. Finally, I discuss the likelihood of success based on my experience.
4. I Decide if I Will Offer my Representation
Information that I previously gathered helps me ultimately decide if I am willing to represent an individual. Although ideally I would represent every individual I meet with, it must be acknowledged that not every person that applies for Social Security disability benefits is disabled. I use my experience and knowledge of the Social Security disability program to make an informed decision on whether a potential client will benefit from my assistance.
If I am unable to help an individual, I provide an explanation of why I cannot assist. I provide recommendations for other courses of action, and explain how to better document their condition for future success. If I think I may be able to help in the future, I provide detailed instructions of the actions that must be taken before I can meet with the individual again.
If I am able to offer my representation, I describe the services that I will perform on behalf of my potential client. I explain the initial actions that I would take, and describe the actions that I expect to occur in the future. I review the fee agreement, and explain what costs may be associated with the claim. I provide advice on steps to be taken to improve the likelihood of success and answer any questions that will help an individual decide whether they would like my assistance.
5. The Potential Client Decides Whether to Accept my Representation
After I have decided that I can represent an individual, it is up to the individual to decide if they would like my help. The potential client must decide if the services that I have offered would be valuable to them in the disability process. The decision must be made of whether the individual is comfortable with my office, and whether they believe that my services can have a positive impact on their disability claim. The structure of my consultation appointment is designed to make the decision on hiring me easy for the potential client. I lay the groundwork so that there are relatively few questions left after I have offered my representation.
If an individual decides to accept my representation, a number of forms are signed. I review the forms with the individual and explain why they are needed. I provide a written fee agreement to my new client and take any steps that are necessary to continue the Social Security Disability process.
6. Final Thoughts on the Social Security Disability/SSI Consultation Appointment
It is important to realize that my decision on offering representation is not based on judgments of the potential client as a person. Since I represent individuals on a contingency fee basis, I must be realistic and honest when evaluating claims. My goal is to provide an honest assessment of the disability claim, make potential clients comfortable with the process and to set expectations of the services that will be performed by my office.
If you are facing the Social Security Disability process, I highly recommend that you consult with an attorney.
This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.
The Initial Consultation Appointment for Social Security Disability/SSI Representation
When a potential client contacts my office for representation of a Social Security Disability (SSDI) or Supplemental Security Income (SSI) claim, they are normally provided a free initial consultation. The purpose of the Social Security disability consultation appointment is to determine if I can assist an individual and for the individual to determine if they want to hire me as their attorney. These appointments are important for information gathering, education and for developing a rapport.
I normally use the same structure for all of my Social Security Disability/SSI consultation appointments. What is surprising to many individuals that meet with me for the first time is that I normally spend 10 to 15 minutes reviewing information that is not viewed as being directly related to an individual�s disability. This information is ultimately important because it allows me to determine whether an individual qualifies for any Social Security Disability program.
1. I Determine the Individual�s Current Status
I begin all my appointments by determining where an individual is in the Social Security Disability Process. If the individual was denied benefits, I begin by reviewing the denial notice. The denial notice provides information on the next available appeal, the deadline for filing an appeal, the evidence that was used for the determination and the programs that the individual applied for.
If the individual is still working, I need to make a determination of whether it is possible to apply for benefits immediately, or if the person must end or reduce employment first. If the individual has not applied for benefits, I help determine if a disability application is appropriate.
2. I Compile General Information and a Medical History
After I determine an individual’s current status, I obtain details that help me determine if they qualify for Social Security disability benefits. I begin by reviewing the nonmedical requirements of the Social Security Disability programs. I obtain information about current income, resources, and income/resources of a significant other or spouse. I ask for information about the individual�s work history and past earnings. With this information, I am able to determine if a potential client meets the nonmedical disability requirements.
If an individual qualifies non-medically, I obtain details to determine if they meet the medical qualifications for Social Security Disability. I determine how the disability began, when an individual last worked, and how the individual decided to stop work. I ask why an individual remains unable to work. Although I am concerned about why an individual initially stopped working, I am equally concerned about why they are unable to return to work. If an individual’s condition has improved since they last worked, I explore the possibility of pursuing benefits for only a limited period until the improvement occurred.
I ask potential clients to provide me with a list all their medical impairments/conditions. I ask that conditions be included even if they are not directly related to the reason that the individual stopped working. I ask that the individual to describe how the medical conditions affect their ability to perform activities, and ask for limitations that they experience because of the condition. It is important that the individual provide details on both physical and mental symptoms they experience.
After details are provided about the medical condition, I ask for details about the treatment. I ask for the name of every Doctor that has been seen, and any medication being used. I ask about past surgeries, hospitalizations, physical therapy or any other treatment that has been received. I normally want details of all treatment since at least one year prior to the date that the individual last worked.
3. I Describe the Disability Requirements and the Disability Process
After compiling information about the medical and nonmedical requirements of the Social Security program, I focus my attention on educating the potential client. I explain what must be proved in order for an individual to be approved for benefits, and discuss the disability process. I review the general waiting time for a decision and the average approval rates at each level of the Social Security Disability process.
If I perceive any potential problems, I also discuss those with the individual. I explain the impact of noncompliance and substance abuse, and I review the importance of regular treatment and specialist care. Finally, I discuss the likelihood of success based on my experience.
4. I Decide if I Will Offer my Representation
Information that I previously gathered helps me ultimately decide if I am willing to represent an individual. Although ideally I would represent every individual I meet with, it must be acknowledged that not every person that applies for Social Security disability benefits is disabled. I use my experience and knowledge of the Social Security disability program to make an informed decision on whether a potential client will benefit from my assistance.
If I am unable to help an individual, I provide an explanation of why I cannot assist. I provide recommendations for other courses of action, and explain how to better document their condition for future success. If I think I may be able to help in the future, I provide detailed instructions of the actions that must be taken before I can meet with the individual again.
If I am able to offer my representation, I describe the services that I will perform on behalf of my potential client. I explain the initial actions that I would take, and describe the actions that I expect to occur in the future. I review the fee agreement, and explain what costs may be associated with the claim. I provide advice on steps to be taken to improve the likelihood of success and answer any questions that will help an individual decide whether they would like my assistance.
5. The Potential Client Decides Whether to Accept my Representation
After I have decided that I can represent an individual, it is up to the individual to decide if they would like my help. The potential client must decide if the services that I have offered would be valuable to them in the disability process. The decision must be made of whether the individual is comfortable with my office, and whether they believe that my services can have a positive impact on their disability claim. The structure of my consultation appointment is designed to make the decision on hiring me easy for the potential client. I lay the groundwork so that there are relatively few questions left after I have offered my representation.
If an individual decides to accept my representation, a number of forms are signed. I review the forms with the individual and explain why they are needed. I provide a written fee agreement to my new client and take any steps that are necessary to continue the Social Security Disability process.
6. Final Thoughts on the Social Security Disability/SSI Consultation Appointment
It is important to realize that my decision on offering representation is not based on judgments of the potential client as a person. Since I represent individuals on a contingency fee basis, I must be realistic and honest when evaluating claims. My goal is to provide an honest assessment of the disability claim, make potential clients comfortable with the process and to set expectations of the services that will be performed by my office.
If you are facing the Social Security Disability process, I highly recommend that you consult with an attorney. My office offers free consultations for Social Security Disability/SSI claims. To schedule a consultation with my office, please use the contact form on my website or call 302-613-0707 to schedule an appointment.
This article was written by Steven Butler. Steven is a partner a Linarducci & Butler and his practice is limited to Social Security Disability/SSI claims. Steven normally limits his representation to individuals living in Delaware, Maryland, New Jersey or Pennsylvania.
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