Types of Disability Attorneys
Disability attorneys specialize in representing individuals with disabilities who are seeking benefits from government programs such as Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). They can also assist with appeals of denied claims and provide legal advice on disability-related matters.
There are several different types of disability attorneys, each with their own area of expertise and target clientele. Some of the most common types include:
SSDI Attorneys
SSDI attorneys specialize in representing individuals who are seeking benefits from the Social Security Disability Insurance program. They can assist with the initial application process, as well as with appeals of denied claims.
SSI Attorneys
SSI attorneys specialize in representing individuals who are seeking benefits from the Supplemental Security Income program. They can assist with the initial application process, as well as with appeals of denied claims.
Veterans Disability Attorneys
Veterans disability attorneys specialize in representing veterans who are seeking benefits from the Department of Veterans Affairs (VA). They can assist with the initial application process, as well as with appeals of denied claims.
Long-Term Disability Attorneys
Long-term disability attorneys specialize in representing individuals who are seeking benefits from long-term disability insurance policies. They can assist with the initial application process, as well as with appeals of denied claims.
ERISA Disability Attorneys
ERISA disability attorneys specialize in representing individuals who are seeking benefits from disability plans that are governed by the Employee Retirement Income Security Act (ERISA). They can assist with the initial application process, as well as with appeals of denied claims.
There are several benefits to specializing in a particular type of disability law. First, it allows attorneys to develop a deep understanding of the relevant laws and regulations. Second, it allows attorneys to build a network of relationships with other professionals who work in the field of disability law. Third, it allows attorneys to market themselves more effectively to potential clients.
Legal Services Offered
Disability attorneys provide a comprehensive range of legal services tailored to the unique needs of individuals with disabilities. Their expertise encompasses various legal areas, including:
– Social Security Disability (SSD) and Supplemental Security Income (SSI): Disability attorneys assist clients in applying for and obtaining SSD or SSI benefits, which provide financial assistance to individuals with disabilities who are unable to work. They represent clients throughout the application process, including appeals and hearings.
– Long-Term Disability (LTD) Insurance: Disability attorneys represent clients in disputes with LTD insurance companies. They help clients obtain the benefits they are entitled to under their LTD policies, ensuring that their financial security is protected.
– Private Disability Insurance: Disability attorneys provide legal guidance and representation to individuals who have private disability insurance policies. They help clients understand their policies and negotiate with insurance companies to obtain fair and equitable settlements.
– Workers’ Compensation: Disability attorneys represent injured workers with disabilities who are seeking workers’ compensation benefits. They assist clients in filing claims, negotiating settlements, and obtaining the medical treatment and financial support they need.
– Estate Planning: Disability attorneys specialize in estate planning for individuals with disabilities. They create legal documents that ensure that the needs of individuals with disabilities are met, including trusts, wills, and guardianships.
– Advocacy and Representation: Disability attorneys advocate for the rights of individuals with disabilities in various settings, including government agencies, schools, and workplaces. They ensure that clients receive equal access to education, employment, and other essential services.
Finding a Disability Attorney
Finding the right disability attorney is essential to the success of your case. Here are some tips to help you find the best attorney for your needs.
Start by asking for recommendations from friends, family, or other trusted sources. If you know someone who has been through the disability process, they may be able to recommend a good attorney.
Evaluate an Attorney’s Qualifications and Experience
Once you have a few names of potential attorneys, it’s important to evaluate their qualifications and experience. Look for an attorney who has a proven track record of success in handling disability cases.
You should also consider the attorney’s fees. Some attorneys charge a contingency fee, which means that you only pay if you win your case. Other attorneys charge an hourly rate.
Choose the Right Attorney for Your Case
When choosing an attorney, it’s important to find someone who you feel comfortable with and who you believe will fight for your rights.
Take the time to meet with several attorneys before making a decision. Ask them questions about their experience, their fees, and their approach to disability cases.
Fees and Costs
Disability attorneys typically charge fees on a contingency basis, meaning they only get paid if they win your case. This means you don’t have to pay anything upfront, and you only pay if you receive a settlement or award. The fee is typically a percentage of the amount you recover, and it is usually between 25% and 40%.
In some cases, disability attorneys may also charge an hourly rate. This is typically the case if they are representing you in a non-disability related matter, such as a divorce or bankruptcy. The hourly rate will vary depending on the attorney’s experience and the complexity of the case.
Factors that Influence Fees
The following factors can influence the fees charged by a disability attorney:
- The complexity of your case
- The amount of time and effort required to represent you
- The attorney’s experience and reputation
- The location of the attorney’s office
- The outcome of your case
Payment Plans and Options for Low-Income Individuals
If you are unable to afford to pay the attorney’s fees upfront, you may be able to work out a payment plan. This could involve paying the fees in installments over time. Some attorneys may also be willing to represent you on a pro bono basis, meaning they will not charge you any fees. However, this is typically only available to low-income individuals who meet certain eligibility requirements.
Resources and Support
Navigating the legal process as an individual with a disability can be challenging. However, there are numerous resources and organizations dedicated to providing support and assistance throughout the journey.
These organizations offer a wide range of services, including legal advice, advocacy, and financial assistance. By connecting with these resources, individuals can gain valuable support and empower themselves to effectively pursue their legal rights.
Disability Law Organizations
- National Disability Rights Network (NDRN): Provides a directory of state-based protection and advocacy agencies that offer legal assistance to individuals with disabilities.
- Disability Rights Education & Defense Fund (DREDF): A leading national organization advocating for the rights of people with disabilities.
- Bazelon Center for Mental Health Law: A non-profit organization providing legal assistance and advocacy for individuals with mental health disabilities.
Government Agencies
- Social Security Administration (SSA): Provides disability benefits, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- Department of Veterans Affairs (VA): Offers disability benefits and healthcare services to veterans with service-connected disabilities.
- Equal Employment Opportunity Commission (EEOC): Enforces federal laws prohibiting discrimination based on disability in employment.
Legal Aid and Pro Bono Services
- Legal Aid Societies: Non-profit organizations providing free or low-cost legal services to low-income individuals, including those with disabilities.
- Pro Bono Projects: Offer free legal services from volunteer attorneys.
- Law School Disability Rights Clinics: Provide legal assistance to individuals with disabilities, often at a reduced cost.