Social Security Disability FAQ'S

To what geographic area do you limit your Social Security Disability Practice?

* While we primarily represent individuals in New England (and primarily, Massachusetts and New Hamphire), we are able to represent claimants nationwide. Please call for a free consultation and we will advise you accordingly.

What is the difference between a Disability Lawyer, and the Social Security “advocates” that I see advertising?

* The simple answer is: one is a qualified lawyer, licensed to practice law, and the other is not. Social Security Law and regulations allow non-attorney “advocates” to represent Social Security claimants. Social Security also requires that all representatives’ fees must be approved by the Administration. While your decision to choose a particular representative should be based upon many factors, including experience, you will find that most “advocates” charge the same contingent fees as you would pay hiring a qualified attorney. Finally, do not expect a non-attorney advocate to be able to render legal advice on such matters as how your benefits may impact your STD, LTD, or workers’ compensation claims.

My LTD insurer has offered to pay for a Social Security advocate if I use the firm of its choice to apply for Social Security Disability benefits. Should I do this?

* No. First, most LTD plans provide that the insurer will continue your full (unreduced benefit) so long as you apply for SSD benefits. The insurer will often offer to pay for your representation because it knows that–due to LTD offset provisions–it will be repaid in the amount of your SSD retroactive benefits if you win the SSD case. In our experience, however, the insurer’s encouraging the use of this presents a conflict of interest. Particularly where there are multiple medical conditions, including secondary psychological problems, your SSD advocate could win your benefits based upon the psychological problems, which would reinforce a later claim by the insurer that your LTD benefits should be limited (there is typically a 24-month limitation). Moreover, if the insurer makes this offer, there is a strong argument that it must pay for your personally-chosen SSD attorney.


				SOCIAL SECURITY DISABILITY FAQ'S To what geographic area do you limit your Social Security Disability Practice? * While we primarily represent individuals in New England (and primarily, Massachusetts and New Hamphire), we are able to represent claimants nationwide. Please call for a free consultation and we will advise you accordingly. What is the difference between a Disability Lawyer, and the Social Security “advocates” that I see advertising? * The simple answer is: one is a qualified lawyer, licensed to practice law, and the other is not. Social Security Law and regulations allow non-attorney “advocates” to represent Social Security claimants. Social Security also requires that all representatives’ fees must be approved by the Administration. While your decision to choose a particular representative should be based upon many factors, including experience, you will find that most “advocates” charge the same contingent fees as you would pay hiring a qualified attorney. Finally, do not expect a non-attorney advocate to be able to render legal advice on such matters as how your benefits may impact your STD, LTD, or workers’ compensation claims. My LTD insurer has offered to pay for a Social Security advocate if I use the firm of its choice to apply for Social Security Disability benefits. Should I do this? * No. First, most LTD plans provide that the insurer will continue your full (unreduced benefit) so long as you apply for SSD benefits. The insurer will often offer to pay for your representation because it knows that–due to LTD offset provisions–it will be repaid in the amount of your SSD retroactive benefits if you win the SSD case. In our experience, however, the insurer’s encouraging the use of this presents a conflict of interest. Particularly where there are multiple medical conditions, including secondary psychological problems, your SSD advocate could win your benefits based upon the psychological problems, which would reinforce a later claim by the insurer that your LTD benefits should be limited (there is typically a 24-month limitation). Moreover, if the insurer makes this offer, there is a strong argument that it must pay for your personally-chosen SSD attorney.