The SSDI Podcast - EP1

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All right, welcome back everybody for another deep dive.

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Always exciting,

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yeah? So today, we’re gonna be tackling a topic that I think a lot of our listeners are gonna find really relevant, yeah, and that is navigating the sometimes pretty tricky world of social security disability benefits and specifically SSDI, so that’s Social Security Disability Insurance, right? And the kind of the core question that we’re going to be looking at is, yeah, when pursuing a disability claim, should you hire a lawyer or

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not? Big question.

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It’s a big question, right? Big Question for a lot of people, absolutely. And to help us unpack this and give us some solid insights. Yeah. We’re gonna be taking some excerpts from an article from the Laporte law firm, okay, called What are your chances of winning disability with a lawyer? That’s the question everybody wants to know. That is the question everybody wants to know. Yeah. And I’m really excited to jump in here, because there’s some really interesting stuff that that we came across. So just to kind of give you a little taste of what we’re going to be looking at like, Is it really true that you’re almost three times more likely to win if you have a lawyer? What about the fees? That’s obviously a big question for people, right? Oh,

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huge. Like, how

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does that work? What’s the catch? Right? And then, are there any kind of hidden gotchas, you know, things that maybe people don’t know about, that we should be aware of,

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things to watch out for.

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Yeah, things to watch out for. Okay,

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I’m ready. Let’s dive in. All right, so

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let’s get started with kind of a basic understanding of disability benefits. Yeah, just real quick. What exactly is SSDI?

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So SSDI, as you said, is Social Security Disability Insurance, and it’s this really crucial program that offers financial help to people who can’t work anymore because of a disability, right?

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And so this is like a monthly payment that people get to kind of help them get by exactly. Yeah, safety net. A safety net Exactly. And this article actually shared this amazing statistic that the Social Security Administration provides over $1.5 trillion annually in disability and retirement benefits. That is why I know that is a wild number, right? Yeah. So this just shows you how many people you know, probably you or someone you know, rely on Social Security. It’s a massive system, absolutely.

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And that’s why this question of lawyers is so important, right? Exactly.

2:18
So let’s get to that question. Yeah. Now this article from Laporte law firm, they seem to be saying that, yeah, hiring a lawyer can generally increase your chances of getting approved, okay, but they’re also very clear that it’s not a guaranteed win, right? Makes sense, right? So why even bother? Why might a lawyer be so beneficial in this whole process? Well,

2:39
you know, it’s kind of like, Yeah, I think they use this analogy in the article. But if you were gonna build a house, oh, yeah, would you just start hammering away without, like, you know, a blueprint or a plan, right? You’d

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want someone who knows what they’re doing exactly. You’d

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want an architect, someone who understands construction all the codes permits you need.

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Yeah, I love that analogy, because I’m starting to see how a lawyer could be like that architect for your SSDI claim, yeah,

3:07
exactly. They’re your guide, yeah, through this maze of, like, rules and deadlines and all the stuff you have to know, right? And

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it’s like, a really specific area of law too, right? It’s not just like, you know, knowing the law in general. It’s very specific to SSDI,

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yeah. And there are these, like, tricky rules, like, what was it substantial gainful activity? Oh, yeah, where it’s not just about proving you can’t do your old job, but, like, any job, yeah, it can’t work at all, basically, right? And a lawyer’s gonna how to prove

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that, right? So it’s that insider knowledge that that can make all the difference, definitely. Yeah, yeah.

3:41
And it’s not just knowing the law, but another thing they talk about is evidence, which could be huge, yeah? Like they were talking about these cases with mountains of medical records, oh, yeah, sometimes 1000s of pages, and a lawyer can help you sift through all that. Wow, I can see how that would be so overwhelming, right? Totally. Like trying to find a needle in a haystack,

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yeah, except the haystack is like medical jargon and stuff you don’t understand

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exactly, and sometimes it’s not just about what’s in the records, but how it’s presented. Like a lawyer can make sure the SSA really understands how severe your condition is and how it prevents you

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from working. So they’re kind of like translating it for the SSA, in a way,

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exactly they speak the SSA language, right? Okay, so

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we’ve got expertise and evidence, two big things that a lawyer can bring to the table, yeah, but the article also measures this thing called strategic timing. Oh, right. What is that all about? And how does that play a role?

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So it’s like sometimes you make decisions that you think are totally separate from your disability, right, but they can actually impact your claim. Oh, interesting. So like, let’s say you’re waiting for your application to be processed, okay, and you decide to take a part time job just to you know, make ends meet, makes sense, yeah? But a lawyer might tell you, hold on, that might not be a good idea. Oh, really, yeah, the SSA could. See that and think, Oh, well, if you can work part time, maybe you’re not really that disabled.

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Oh, so even, like, well intentioned actions could potentially backfire if you’re not careful. Absolutely,

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it’s all about understanding, like the bigger picture, you know, and anticipating those potential roadblocks,

5:17
right? And speaking of roadblocks, one of the toughest things about the SSDI process seems to be the appeal system. The appeals, the article mentions that most cases actually involve multiple appeals. Yeah, it’s not uncommon at all. So it’s not just like you apply and then you either get it or you don’t. It’d be nice if it was that easy, right? Yeah, you could have to go through several rounds just to get a final decision Exactly.

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And that’s where a lawyer can be like your secret weapon. Oh, how? So they know the appeals process inside and out. Yeah, they know how to build a solid case, make sure all the paperwork is filed on time, and present your arguments in the best way. So

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they’re not just legal experts. They’re like communication masters. Absolutely,

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they’re your advocate. They’re fighting for you every step of the way. So it’s

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like they take a lot of the stress and burden off of you, especially when you’re already dealing with a disability. Yeah,

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it’s peace of mind Exactly. Knowing you have someone in your corner who knows what they’re doing absolutely

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and they’re looking out for your best interests Exactly. Okay? So I’m really starting to see the value here of having a lawyer on your side, especially with all this complexity and the appeals and everything. It’s a lot. It’s a lot, but let’s be real here. Yeah, there’s got to be downside, right, right? The big one that I think a lot of people are probably wondering about is lawyer fees, of course. Like, how does that even work with something like SSDI? Yeah, that’s

6:34
a great question, and the article actually addresses that head on. Okay, good. Yeah. You know, they talk about the no win, no fee structure, okay, it’s called a contingency fee agreement, okay, basically, you only pay if your case is successful, okay, that makes sense, yeah, and they even say that Laporte law firm, they don’t charge any upfront fees. Okay, that’s good, because

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I imagine a lot of people who are applying for SSDI are already kind of struggling financially, right? Okay, so having to pay a lawyer up front would be a huge barrier, absolutely. So, okay, let’s say you do win your case. Yeah, what kind of fees are we talking about?

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So they actually break down the specifics. Okay, the lawyer’s fee is capped at $7,200 in 2023 okay, and it’s going up to $9,200 in 2024 All right, but here’s the key. It’s taken directly from your retroactive lump sum payment. If you win,

7:29
wait, can you explain that retroactive lump sum payment thing? Yeah. So

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basically, when you’re proof for SSDI, you often get back pay, okay, for all that time that you were waiting. Okay, that’s the retroactive part, and it usually comes as this, like, big lump sum. Okay, so the lawyer’s fee, if you win, is deducted from that. So you’re not paying them out of pocket, right? You’re paying them out of the benefits that you were awarded. Okay,

7:50
that’s good to know, but it does make the decision a bit more complicated, right? Yeah, for sure, it’s like, do you roll the dice and keep all of the potential back pay, or do you increase your odds of winning, but give up a portion of it?

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It’s a tough call.

8:07
It’s a tough call. And I guess it’s really a personal decision. It really is, yeah, but you know, speaking of increasing your odds, yeah, there’s this really interesting statistic that the article mentions, I’m sure, from the Government Accountability Office or GAO, they found that people who had a lawyer at the hearing level were almost three times more likely to get approved

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three times. That’s a pretty strong argument. I

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know that’s a big difference. Yeah, it’s significant,

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but

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we should probably clarify that this data is just about the hearing stage, not the initial application. But still, it just kind of shows the impact that a lawyer can have, especially

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when things get complicated, right? Exactly. Yeah. So

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okay, let’s say you’re thinking, all right, maybe a lawyer is the right move for me. The article actually goes a step further and says, yeah, it’s not just about hiring any lawyer, right? You

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gotta find the right one. You

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gotta find the right one. So what are some things people should look for? Well, they

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highlight a few really important qualities, first and foremost, understanding, okay, do they really listen to your case, you know, and get the specifics of your situation? It’s

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kind of like finding a doctor, oh, yeah, who sees you as a whole person, not just a set of symptoms exactly you want, someone who gets you, yeah, who understands

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what you’re going through

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absolutely and then what else? Well, then

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there’s experience. Okay, are they like a specialist in disability law, or are they more like a jack of all trades,

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right? You don’t want like a generalist, yeah, you

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want someone who lives and breathes SSDI, right? Exactly, someone who’s seen it all and knows all the ins and outs.

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It’s like you wouldn’t go to a podiatrist for brain surgery. Exactly you want the right special exactly you want the right person for the job. Okay, okay. So understanding experience, what else?

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Reputation, okay, what are other clients saying about them? Oh, yeah, good point. You know, online reviews, testimonials, things like that. It’s like checking Yelp. Up

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before you go to a restaurant, exactly, if you want to see what other people’s experiences have been, for sure. Okay, reputation. Got it. And then what about communication style? Oh,

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that’s huge. Yeah. Can they explain things clearly in a way that you understand, right?

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Because this stuff can be really confusing, absolutely. So you want someone who can break it down for you

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and make you feel comfortable, you know, like you’re in good hands. It’s all about feeling

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confident and supported, yeah, exactly, knowing that you have someone on your side, right, who not only knows what they’re doing, but also can talk to you like a human being. Exactly, all right? So I think those are all really good points,

10:34
yeah? And I’d add one more thing, yeah, what’s that kind of building on what the article says about local knowledge, it might be helpful to find a lawyer who’s familiar with the judges and the medical professionals in your area. Oh, that’s a good point. Yeah, that insider perspective can sometimes make a difference. So it’s not just about

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the legal expertise, right? It’s about understanding the local landscape as well.

10:55
Exactly you want someone who knows the players and the nuances of the system in your specific region.

11:03
Okay, so we’ve covered a lot of ground here. We have from the basics of SSDI to the pros and cons of hiring a lawyer, and what to look for if you decide to go that route, yep. But before we wrap up, I want to circle back to that GAO study, okay, the one that found that people were three times more likely to win their case with a lawyer at the hearing level. Yeah, that was pretty eye opening. It was, I’m just curious to get your take on that. What do you think it tells us about the value of legal representation in these cases? Well, I think it

11:32
really highlights just how complex the SSDI process can be, yeah, especially when you get to that hearing level. You know, it’s high stakes, and having someone there who knows the system, who can anticipate the judge’s questions, who can present your case in the best possible light, right? I mean, that can really make or break your case. It

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makes me think about the limitations of that study too, though.

11:58
Oh yeah, what do you mean? Well,

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it only focused on the cases that got to the hearing level, right? So does that mean it’s not as relevant for people who are just starting out?

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That’s a great point, and it’s important to remember that study doesn’t necessarily mean you absolutely need a lawyer to get approved, right? Plenty people do it on their own, especially if their case is fairly straightforward.

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Okay, so then how do you decide? How do you figure out if hiring a lawyer is the right move for you?

12:23
Well, I think it comes down to a few key things, okay, like first, how complex is your case? Okay? Do you have a very clear disability, tons of medical records, or is it more nuanced? Right? If it’s complicated, a lawyer’s expertise could be really helpful. It’s kind of

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like deciding if you’re gonna do a DIY project yourself or hire a contractor. Oh, oh, I

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like that. If it’s

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just painting a wall, maybe you can handle it, yeah, but if you’re rewiring your whole house, you probably want a professional. You want electrician, yeah, exactly makes sense. So complexity is one thing. What else?

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Well, how comfortable are you with the process in general? Okay, like dealing with paperwork deadlines and maybe even going to a hearing, right? Or would you feel better having a lawyer handle all that?

13:07
Yeah. I mean, for me personally, all that stuff just sounds like a nightmare. Oh yeah, I get it. So I can definitely see why someone would want to have someone else take care of it, especially

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when you’re already dealing with a disability. You know exactly, it’s one less thing to worry about, yeah,

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for sure. And then I guess the final thing is the financial piece, right? Because even though you only pay if you win, there’s still that potential cost. So

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can you afford to give up a portion of that back pay, right, in exchange for maybe a better chance of winning? In that peace of mind,

13:40
it’s a tough question, and there’s no easy answer, yeah. I think it really comes down to each individual’s situation. Absolutely. And you know what? You don’t have to figure this out all on your own, right?

13:51
There are resources out there like, what? Well, you could contact a legal aid organization for some free advice. Oh, that’s a good idea, or even just schedule a consultation with a few different disability lawyers, yeah, get a feel for their expertise and how they would approach your case. That’s

14:06
a great point. And I think it all comes back to that idea that knowledge is power. Absolutely, the more you know about the process, about the lawyer’s role, about the costs and benefits, the better equipped you’ll be to make the right decision for you.

14:20
I couldn’t agree more. So yeah, I

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think that’s a perfect place to wrap things up. Yeah, I

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think so too.

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You know, we’ve given you a lot to think about, a lot to digest. It’s a lot to digest, but it’s really just the beginning of your journey.

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The starting point exactly, we’ve

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given you the map, but you get to choose the path. I like that. Do your research, yeah, ask questions. Ask

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all the questions, trust your gut and remember you’re not alone in this. There are people and resources out there to help that’s

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so important to remember. So yeah, keep learning, stay empowered and don’t give up on getting the support you deserve. Hear her All right, everyone that’s a wrap on our deep dive into SSDI and the big. Question of whether to hire a lawyer or not. Thanks for listening, thanks for listening, and until next time, keep exploring. You.