SSDI Case Consulting for Attorneys

People with disabilities that prevent them from working look to disability attorneys for assistance. Providing the clients who depend on you with the help they need to be approved for Social Security Disability Insurance requires more than a passing knowledge of the program.

An SSDI case consultant gives sole practitioners and law firms the attorney support required to successfully navigate the SSDI application approval process. Starting with a disability case review to evaluate strengths and weaknesses, and continuing with SSDI strategy and evidence strengthening, an SSDI case consultant becomes a valued asset.

Why Attorneys Seek SSDI Consultants

SSDI is a federal program administered by the Social Security Administration. It has complex rules and procedures for determining whether a person may apply and be approved for monthly disability benefit payments.

Attorneys accustomed to representing SSDI claimants know the meaning and importance of terms like “work credits” and “disability.” Attorneys unfamiliar with the SSDI program may not know what the term means, which is where an SSDI case consultant can be of assistance.

Consultants know from their experience that a worker must have a long enough employment history at jobs subject to Social Security payroll taxes. Work credits are the standard used to measure the duration of a person’s work history.

A person earns up to four work credits per year based on their yearly wages or self-employment income. The amount a person must earn for a work credit changes from year to year.

The number of work credits a person needs to apply for SSDI depends on their age at the onset of their disability. Generally, a worker needs 40 credits, with 20 earned within 10 years of the disability onset date, but younger workers may require fewer work credits.

A worker with the correct amount of work credits must also be disabled. The federal definition of disability used by the Social Security Administration differs from the definitions used by state and other federal programs.

The SSDI program does not pay benefits for partial or short-term disability. The reason is the federal definition of disability that requires proof that a person:

• Does not have the ability to work at a substantial gainful activity level.
• The inability to work is due to a medically determinable physical or mental impairment.
• The impairment or impairments must be expected to result in death or be expected to last for at least 12 continuous months.

Working with an SSDI case consultant provides you and your law firm with more than half a century of Social Security disability skills, experience, and knowledge to give your clients the unsurpassed level of representation and guidance needed to achieve success when applying for SSDI benefits.

Case Review & Strategy Planning

The Social Security Administration denies benefits to about two-thirds of the people who apply for SSDI benefits annually. The appeals process provides an opportunity to challenge an unfavorable outcome, but a successful outcome requires a plan.

The case review and strategy planning services provided by our SSDI case consultant help attorneys to increase the chances of a successful outcome for their clients during the appeals process. The first step is a case review that includes:

• A careful analysis of the reasons for denial of the claim to identify weaknesses.
• Reviewing medical records to reveal and correct weaknesses, such as gaps in treatment.
• Gathering the documentation needed to strengthen weaknesses in the case.

A case review typically informs SSDI strategy planning by highlighting strengths in the claim and identifying the best approach to address weaknesses.

Evidence Strengthening

Building a strong, well-documented claim for SSDI benefits should begin with the preparation of the initial application and continue through each level of the appeals process. Medical records should be gathered and carefully reviewed to identify gaps in treatment, missing test results, and other weaknesses that may result in a denial of the claim.

The Social Security Administration does not approve claims based only on a diagnosis without evidence of the medical condition impairing the claimant’s ability to work. Medical records should be supported by other forms of evidence, such as a journal kept by a claimant. The journal should include symptoms, such as pain and other complications, and how they impede the person’s ability to perform day-to-day activities.

Hearing Preparation for Lawyers

The role of a disability lawyer at the hearing level of the appeals process is more than a passive observer. The assistance of an SSDI case consultant assists an attorney with the following:

• Gathering evidence and presenting it in advance of the hearing date.
• Preparation of hearing briefs summarizing the case and emphasizing its strengths.
• Getting the claimant ready to testify and respond to questions posed by the administrative law judge at the hearing.
• Reviewing the Social Security case file to identify strengths and weaknesses.
• Developing a strategy for strengthening the case.
• Developing effective questioning and cross-examination of medical and vocational experts who testify at the hearing.

Attorney support at the hearing stage provided by a disability attorney consultant can be crucial to the success of a claim.

How Consulting Improves Win Rates

Attorney consultant James Mitchell Brown, an Ohio disability attorney with an AV Preeminent Peer Review Rating from Martindale-Hubbell, has more than 50 years of experience as a disability attorney handling all types of claims. He is a founder and past president of the National Organization of Social Security Claimants’ Representatives and the recipient of the organization’s Distinguished Service Award and its Outstanding Service Award.

James Mitchell Brown now shares his knowledge and a lifetime of experience with other attorneys as an SSDI case consultant. The federal government reports that claimants with representation have a three times greater chance of a successful outcome than those who do not, so imagine what you can achieve for your clients with the assistance of an attorney consultant.

Frequently Asked Questions

What Services Does an SSDI Case Consultant Offer?

The law firm or solo practitioner engaging the services of an attorney consultant decides on the extent of the services to be provided by the consultant.

Can An Attorney Consultant Help a Law Firm Build Their SSDI Client Base?

Consultants enable law firms and solo practitioners to attract clients through experienced, knowledgeable SSDI claims representation with the assistance of a consultant.

Why Use a Consultant Instead of Hiring Additional Staff to Service Disability Clients?

An SSDI case consultant works with a law firm or an individual attorney to improve client outcomes without the need to add additional staff.