Frequently Asked Questions

Q

Do I need an attorney to help me with my social security disability case?

A

You are not required to have an attorney represent you in your claim for social security disability benefits, but studies have shown that obtaining legal counsel greatly improves your chances of winning your claim. In fact, some Administrative Law Judges feel so strongly about the need for legal representation that they will actually postpone the Hearing to give an unrepresented Claimant time to locate and hire an attorney.

Q

What kind of lawyer should I hire?

A

You should look for an experienced attorney who specializes in social security disability, who has a proven track record of winning claims, who has a competent staff that is able to effectively deal with the Social Security Administration, and who is responsive to the clients' needs. The Law Office of Louis B. Lusk meets all of these criteria.

Q

What if I don't have any money to pay an attorney?

A

You should hire an attorney who works strictly on a contingent fee basis. While no attorney may charge more than 25% of back benefits awarded (up to a maximum fee cap established by federal law), some attorneys may charge a consultation fee or a retainer fee before any work is done on the case.

Louis B. Lusk does not require any such up–front fee, and his attorney fee is paid only if he wins the case and the client recovers back, or past–due, benefits. In other words, the client pays nothing out of pocket to hire Louis B. Lusk, who gets paid only if he wins the case and back benefits are awarded. (The Social Security Administration must also approve the fee agreement before any attorney fee is taken out of back benefits.)

Q

How long does the process take?

A

The time it takes for the Social Security Administration to decide disability claims varies greatly. The process can take anywhere from a few weeks to up to three years! Some of the factors that affect the time it takes include the state where the claim is filed and the caseload of the adjudicator.

Q

Is there anything I can do to speed up the process?

A

There are some ways in which to increase the likelihood of your claim being expedited. For example, you may be able to file a "Critical Case Request" to speed up the process. There are three situations that allow for such a request: if the claimant's condition is terminal; if the claimant is suicidal or homicidal; or if the claimant is at risk of going without food, medicine or shelter. This last reason is called a "Dire Need" request, and is the most common Critical Case request. It is also helpful to submit a complete set of medical records to the adjudicator assigned to your case and to keep the adjudicator informed of your ongoing medical treatment. The Law Office of Louis B. Lusk handles all of these matters for its clients.

Q

How long do I have to appeal a denial of my social security disability claim?

A

Generally, you must file an appeal of a denial within 60 days of the receipt of the Denial letter from SSA. However, there are exceptions to this rule, and sometimes an extension of the time in which to file an appeal may be granted. You should consult with a disability attorney about the facts of your particular situation. The Law Office of Louis B. Lusk routinely files for these extensions, called "good cause" requests.