Asked in Social Security for North Carolina

Q: Do I need a lawyer first to represent me in filing for disability?

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2 Lawyer Answers

A: Yes. Social Security (SS) law is very complicated and hard to understand, even with a law degree. Most people assume that the treating physician's opinion about your ability to work is sufficient. The law actually requires a more detailed and thoughtful analysis of your doctor's opinion about a Claimant's restrictions and functional capacity. In NC, rejection rates for first time applicants are 70% and 91% for the first two (2) applications. A qualified lawyer's guidance and advice on how to proceed in SS claims can make the difference between winning and losing your application and appeal.

Susan Michele Schaefer agrees with this answer

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A: You are not required to have a lawyer to represent you when you file for disability. However, hiring a lawyer early in the disability application process, even before you file, is a good idea. You will be able to discuss your particular case issues with your lawyer and be able to present your disability claim well. A person's age, education, work experience, as well as functional limitations caused by physical and psychological impairments all factor in to a disability claim. It can be a lot to handle on your own. Most disability lawyers offer a free initial consultation and will accept disability cases on a contingent fee basis, which means that they only get paid if you win your disability case. It costs the same to have a disability lawyer at the very start as it would if you hired the lawyer later before you have to appear at a hearing.

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