Preparation
You must first acknowledge discrimination targeted directly against yourself before choosing a disability lawyer. Consider all factors which may be forms of discrimination. This is crucial to choosing the right disability lawyer because each lawyer will require immediate communication about any discrimination which may be targeted against you. If you are unsure, you may ask your lawyer if you were discriminated. Remember to be prepared to know right away if your lawyer suits your needs.
Understanding Disability Law
Disability law in the United States protects the rights of individuals with disabilities typically in areas such as employment. The Americans with Disabilities Act (ADA) is a United States government agency which is responsible for prohibiting discrimination against disabled persons.
Creating a List of Disability Lawyers
Search for a lawyer online, in your area, or through any other means. Your main objective is to find a handful of lawyers with a long history of successfully handling similar disability cases. A general rule of thumb for searching for a disability lawyer should be prioritizing lawyers who have had a successful history with discrimination cases as they are more experienced with this area.
Pursuing your Disability Case
One of the most important aspects to consider when choosing a disability lawyer is their experience in handling disability claims. A lawyer specializing in Social Security disability or private disability insurance claims will be more knowledgeable about the specific legal procedures, medical evidence requirements, and appeal strategies. Reviewing their track record in handling cases similar to yours can provide insight into their level of expertise.
An attorney’s success ratio may be an effective measure of competence in the handling of disability cases. Because past performance is not necessarily results in the future, however, a highly impressive success ratio could mean the lawyer is familiar with handling clients. In addition, reading client remarks and testimonials presents a means of approximating the lawyer’s standing as well as clients’ happiness with services. Client feedback sites, even the Better Business Bureau, can supply information from former clients.
It is essential to know the lawyer’s fee arrangement prior to making a decision. Most disability attorneys represent clients on a contingency fee basis, meaning they only get paid if they win your case. Their fee, in most instances, is a percentage of the back pay the claimant receives, up to a limit specified by law (e.g., 25% of back pay, with a cap in SSDI cases). One should adequately explain all financial issues, including potential additional charges for medical records retrieval or expert testimony.
Good communication with your lawyer is crucial. Your disability attorney must listen to your questions, clarify legal processes clearly, and keep you posted on the progress of your case. During your initial consultation, find out whether the lawyer listens to you and answers your questions in a way that makes you comfortable and well-informed.
While disability law is federal, it is useful to retain a lawyer who practices in your area. These local lawyers will generally be familiar with the judges who hear disability cases and understand what types of rulings they tend to make. This knowledge can be useful when developing arguments that appeal to certain biases of the administrative law judge hearing your case.
A well-established disability law firm or attorney with adequate resources can strengthen your case. Companies that have experienced paralegals, medical experts, and case managers can offer proper documentation, organize medical records, and help create a compelling case. A solo practitioner without the support team will struggle to manage a heavy caseload efficiently.
The majority of initial disability claims are rejected, so appeals are a very critical phase in receiving benefits. Your disability lawyer should be prepared and capable of handling appeals, including testifying before an administrative law judge or in federal court if that is required. Ask the lawyer how many appeals they have handled and how they will handle claim denials.
The majority of quality disability lawyers offer a free initial consultation to discuss your case. This visit is an opportunity to discuss your disability, discuss your claim, and decide if the lawyer is a good fit. Take this consultation to inquire about appropriate questions concerning their experience, process, and what they can expect in terms of outcomes.
Common Myths about Disability Cases
- There are not many people with disabilities in the United States.
- As of 2024, at least one in four adults in the United States suffer from disability which impacts their daily lives.
- A service animal is required to wear vests identifying their status as service animals.
- The United States does not require any service animal to be identified as such and leaves it to the owner’s discretion.
- The ADA protects all people with any form of disability.
- The ADA restricts their protections only to certain groups of people. Typically those with impairments that affect including, but not limited to, seeing, hearing, walking, and talking.