How Can an SSDI Attorney Help Me Get Benefits in Chicago?

Posted on November 21, 2024

An SSDI attorney helps you get benefits by ensuring your initial application is meticulously prepared, reducing your risk of making mistakes in the paperwork, gathering and providing compelling medical evidence, communicating with the Social Security Administration on your behalf, and providing representation during the appeals process. Although it’s not mandatory to hire an attorney to represent you in a Social Security Disability Insurance (SSDI) claim, statistics show that doing so increases the chances of your claim getting approved.

Frustrated injured man on a wheelchair in his female lawyer's office. SSDI Attorney

If you need help with an SSDI-related issue in Chicago, call DePaolo & Zadeikis attorneys at 312-263-7560 for a free consultation.

How Does the SSDI Application Process Work in Chicago?

According to the recent statistics, there are 290,987 SSDI beneficiaries in Illinois. The SSDI program provides invaluable financial assistance to individuals who can’t work due to mental or physical disabilities. Applicants are required to meet the SSA’s definition of disability and to have acquired sufficient work credits through their previous employment.

To complete an SSDI application, you’ll need to gather the required information, such as work history, medical records, and personal information. You can file your application online through the SSA’s website, by phone, or in person at a local Chicago Social Security office. In Chicago and the rest of Illinois, it’s the State Disability Determination Services (DDS) that initially determines your eligibility to receive SSDI benefits according to SSA rules and regulations.

Once you submit your application, the DDS will review it. This could take several months. If your application is approved, you’ll start getting benefits within a few weeks. If your application is denied, you can appeal the decision within 60 days. Your initial application can be rejected even when you have a qualifying medical condition or valid claim, making it critical to file an appeal. There are four appeal levels, namely:

  • Reconsideration of the initial denial
  • Hearing with an Administrative Law Judge (ALJ)
  • Review by an Appeals Council
  • Federal court review

The Role of an SSDI Attorney

The SSDI application and appeals processes aren’t as straightforward as they may seem. Here are the crucial roles and responsibilities of an SSDI attorney:

Expert Case Evaluation

A Social Security disability attorney thoroughly assesses your medical records, work history, previous applications or denials, and other aspects of your case to determine if you meet the criteria for SSDI eligibility. He or she will advise whether you have a viable claim for SSDI benefits and recommend your next steps.

Develop Tailored Strategies

An SSDI lawyer establishes the strengths of your case and determines the best legal strategies to help you win your claim based on your circumstances.

For example, if your condition aligns with the listed qualifying conditions for Social Security Disability, your lawyer will draft your case in such a way that demonstrates your condition falls under or is equivalently severe as one of the predetermined disabling impairments.

An SSDI lawyer also identifies the weaknesses of your case and prepares meticulously for all scenarios, for example, by preparing compelling counterarguments.

Assemble Medical Evidence

Medical evidence lays the foundation for a successful SSDI claim. A Social Security disability lawyer works with you and healthcare providers to gather medical records, expert opinions, and other evidence showing the extent of your disability and its effect on your ability to work. Social Security disability lawyers coordinate with healthcare professionals to ensure your records and the professionals’ statements clearly reflect your limitations and support your disability claim. They also organize and present the evidence gathered in the way that best helps your case.

Help With Application Process

A Social Security disability attorney can help with the initial application process. An attorney will help prepare your initial claim and ensure you’ve filled out all forms accurately. He or she ensures all the necessary documentation that supports your case is included before filing the claim. After verifying your claim is complete and aligns with the SSA’s requirements, an SSDI attorney will help you submit your application within the appropriate timeline.

Manage Communication

Staying in communication with the SSA during the SSDI process is crucial. Your attorney can handle all communication with the agency on your behalf. He or she will handle the paperwork, requests for additional information, and updates, and ensure all correspondence is clear and timely.

Appeals Representation

When an initial SSDI application is denied, an SSDI attorney plays a crucial role in the appeals process, including:

  • Filing the necessary appeal paperwork
  • Gathering additional evidence
  • Bringing in experts like medical specialists and vocational experts
  • Preparing you and your witnesses for the hearing before an ALJ
  • Cross-examining witnesses
  • Making compelling legal arguments on your behalf

What Are the Benefits of Hiring an SSDI Attorney in Illinois?

Hiring an SSDI attorney to help you during the disability claims process provides numerous benefits.

Cost-Effective Services

SSDI lawyers typically work on a contingency fee basis, so they don’t charge you fees until you win disability benefits. What’s more, you can retain an SSDI lawyer without paying legal fees upfront.

Even without having to pay SSDI attorney fees upfront, a concern you may have is, “How much does social security pay, and how much of that will the attorney take after he or she wins the case?” If you win your case, your attorney’s fees come out of your back pay, which is the past-due benefits the SSA awards to cover the period you waited for approval of your disability claim. Therefore, you won’t pay the fees out of pocket. Your attorney will get 25% of your back benefits. Starting in the fall of 2024, the SSA will cap the maximum fee an attorney can collect at $9,200.

Expertise in the SSDI System

Attorneys specializing in SSDI benefits have an in-depth understanding of disability claims processes and the SSA rules and regulations governing them. Their knowledge and experience enable them to provide expert and personalized SSDI claims assistance and build the strongest claim possible for you. This is crucial at the disability hearing stage, during which knowledge of disability law, effective communication, and presentation of compelling arguments are essential to persuade judges to grant you SSDI benefits.

Efficient Case Management

Filing for SSDI requires a lot of paperwork and documentation. You may also have to deal with multiple professionals.

A Social Security disability attorney handles all paperwork and facilitates effective communication and coordination among healthcare professionals and other professionals and offices involved. Your attorney will document your condition and ensure other pertinent information is gathered and organized efficiently. Your attorney could also refer you to healthcare providers familiar with the SSDI system who could benefit your claim.

An attorney’s services streamline the SSDI process and optimize various aspects of your case for a successful outcome.

Familiarity With the Administrative Law Judges

Judges have preferences as to how they conduct their hearings and the evidence they find more persuasive. A seasoned Chicago SSDI lawyer will be familiar with the ALJs in the Northern District of Illinois, making him a great asset to your disability hearing. Familiarity with the preferences of the judges involved in your case allows your Social Security appeal lawyer to know the kind of evidence to present and how to prove you can’t work in your SSDI claim, making your case more persuasive and compelling.

Increased SSDI Approval Rates

Statistics from the SSA and studies show that claimants represented by lawyers have greater rates of success than those who file Social Security disability claims without legal assistance.

For example, a 2017 U.S. Government Accountability Office (GAO) study found that people who had legal representation at the appeal stage were awarded benefits approximately three times more frequently than those who didn’t have representation. A 2022 National Bureau of Economic Research (NBER) study found legal representation to increase the likelihood of having an initial disability claim approved by 23%.

Saving Time

Errors in your application, inaccurate or missing information, and missed deadlines could lead to delay or denial of disability benefits. By reviewing your application for inconsistencies and errors, ensuring adherence to SSA guidelines and timely submission of documents, and following up with the SSA regularly, an SSDI lawyer helps you avoid costly delays or denials. A lawyer’s assistance could help speed up the approval process.

Reducing Stress

Dealing with a disabling condition and the subsequent financial insecurity can be stressful. The complexities of the disability claims process can make this challenging period even more physically and emotionally taxing. A disability lawyer can handle all the legwork for you, allowing you to focus more on your health and well-being and alleviating much of the anxiety and stress that comes with the claims process.

Whether you’re facing the SSDI application process or have had your claim denied, the Chicago SSDI attorneys at DePaolo & Zadeikis can help you. We’ll only charge you if we win your claim. Contact us today to discuss your case.

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Mark A. DePaolo

Mark A. DePaolo is the founding partner of DePaolo & Zadeikis Attorneys at Law, a personal injury and workers’ compensation law firm based out of Chicago, Illinois. Mark is a past President of the Workers’ Compensation Lawyers Association, has been recognized as one of the best workers’ compensation lawyers in the field, and was selected as an Illinois Super Lawyer seven years in a row. His client focused approach and wealth of experience set Mr. DePaolo apart from many other attorneys who handle workers’ compensation law.

Years of Experience: More than 30 years
Illinois Registration Status: Active

Bar & Court Admissions: Illinois State Bar Association U.S. District Court for Northern Illinois

author-bio-image author-bio-image
Mark A. DePaolo

Mark A. DePaolo is the founding partner of DePaolo & Zadeikis Attorneys at Law, a personal injury and workers’ compensation law firm based out of Chicago, Illinois. Mark is a past President of the Workers’ Compensation Lawyers Association, has been recognized as one of the best workers’ compensation lawyers in the field, and was selected as an Illinois Super Lawyer seven years in a row. His client focused approach and wealth of experience set Mr. DePaolo apart from many other attorneys who handle workers’ compensation law.

Years of Experience: More than 30 years
Illinois Registration Status: Active

Bar & Court Admissions: Illinois State Bar Association U.S. District Court for Northern Illinois