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6 Questions to Ask before you Hire a Social Security Disability Lawyer

Roseville, MN.  Finding a good lawyer for your Social Security Disability and SSI claim can be difficult.  Promises on the Internet and TV ads are seemingly endless.  Finding a good lawyer, however, is important.  How can you do it?

I wrote a HoglundLaw blog last year about how to choose a lawyer for your Social Security claim.  Clarity is in order.  A good Social Security lawyer can correctly answer these 6 questions below correctly.  Before you hire a lawyer, print this out and ask these questions.  Can your potential Social Security Disability lawyer pass this test?

  1. Ask:  “Are you a licensed attorney?”  If you want representation from a lawyer who has gone to law school and can practice law, this will cut to the chase.  This is a yes or no question.
  2. Ask:  “How many hearings do you average a week?”  For most lawyers, an average of 2 or more Social Security hearings per week says a lot about their current experience and client base.
  3. Ask:  “Do you ever get into arguments with Social Security staff or judges?”  If your prospective lawyer brags about “scuffles” with Social Security, decide if he or she burns bridges.  If you smell smoke, get out!  You don’t want to be lugging around your lawyer’s baggage.  You want a persuasive lawyer.  Leave attack dogs at home.
  4. Ask:  “What do you argue other than medical evidence at Social Security hearings?”  Listen to the answer.  A good Social Security lawyer can explain how he or she will make you a real person for the judge at your hearing, not just a list of diagnoses.
  5. Ask:  “What is your win rate?”  This is a trick question.  Bad lawyers brag and induce you to hire them with a “success” rate.  Legal promises like this are unethical.  And there is another problem.  How do you think a lawyer gets a high win rate?  Cherry-picking.  Do you want to get dumped before your hearing to preserve the win rate?  A good lawyer, on the other hand, will candidly evaluate your case but not promise your result.  You want a lawyer who will stay the course.
  6. (I saved the best question for last.)  Ask:  “What do other local Social Security lawyers think about you?”  Then ask, “Can I call one that doesn’t work with you?”  A good lawyer will smile and hand you a card with a local name and a phone number.  A bad lawyer will try to explain his or her reputation.  If you might be talking with a bad lawyer, you might want to hire the new one on the card.  Good lawyers invite you to compare.

Find a good Social Security Disability lawyer.  If you have questions for our lawyers, call Hoglund Law Offices for a free consultation.

Andrew Kinney, Esq.

Attorney Andrew Kinney
Hoglund Lawyer Andrew Kinney

About the Author:  Attorney Andrew Kinney began practicing in the area of Social Security Disability Law in 1992.  He works at Hoglund Law Offices, a multi-state law firm listed in the top 100 largest law firms in Minnesota in 2010 by Lawyers Weekly.  He speaks locally and nationally, most recently on vocational expert cross-examination at a national conference in San Antonio.  He is currently a Chair of the Social Security Disability Law Section of the Minnesota State Bar Association.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Amount Of Social Security Disability Benefits May Vary By Judge

Americans pursuing Social Security disability claims in court have experienced varying results. The Social Security Administration employs 1,400 administrative law judges (ALJs) to rule on appeals from people whose disability applications were denied. ALJs preside over cases that were previously denied twice. The Social Security Administration recently began releasing monthly data about how ALJs are deciding their cases. The data indicates that some ALJs grant benefits in most of their cases, while other judges rarely grant benefits. Congress and the Commissioner of Social Security are investigating the data. However, Social Security representatives are hesitant to disturb the independence of the ALJs. The Social Security Administration believes that “only a handful” of ALJs have abnormal approval ratings.

In 2010, over 2.9 million Americans applied for Social Security disability benefits, a 38% increase over five years. To deal with the increased number of applications, Social Security has employed 200 new ALJs and made the process for reviewing claims more efficient. The national average for wait times has dropped from 532 days in 2008 to 354 days in June.

 

Source:

 

Mike Chalmers, Data Show Disability Benefits Can Depend On Judge,

https://www.usatoday.com/money/workplace/2011-07-01-disability-denials_n.htm (accessed July 3, 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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NY Lawsuit Alleges Judicial Bias Against Disabled

A class action lawsuit was filed on April 12, 2011 alleging bias against disability applicants. The Complaint was filed against the Office of Disability Adjudication and Review (ODAR) in Queens, New York. The plaintiffs’ claims are based on infringement of their right to a complete and fair hearing in front of an unbiased judge, violating the Social Security Act, the Administrative Procedure Act, and the Due Process Clause of the Fifth Amendment to the Constitution.

The complaint identifies the Chief administrative law judge (ALJ) for the Queens office along with four other ALJs. The class of plaintiffs includes Social Security Income (SSI) and Social Security Disability (SSD) claimants who received unfavorable decisions from the identified ALJs and claimants that will be assigned to the ALJs. The claims are based on reviews of opinions issued by the five judges. The Complaint alleges that the judges have a high rate of denial, fail to comply with the law and develop the record, and made incorrect determinations of  credibility. The Complaint describes the lawsuit as a final resort after the Commissioner of Social Security failed to take action.

Additionally, the Complaint notes the fact that ALJs have insufficient accountability to the public. Each Office’s Chief ALJ, along with the Regional Chief ALJ, takes part in investigations of claims of misconduct. In the present case, the Queens Office’s Chief ALJ is one of the accused ALJs, meaning he would take part in an investigation of his own misconduct. The plaintiffs claim that Court intervention is necessary to prevent this conflict of interest and provide a remedy for plaintiffs harmed by biased ALJs.

Source:

Class Action Alleges Bias of Five ALJs, 33 NOSSCR Social Security Forum 3 (April 2011).

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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