General

A client asked me an interesting question today. She said “isn’t it in the lawyer’s interest for the social security case to take longer since there will be more back benefits.”

In Social Security disability cases the lawyer is only paid from back benefits. So it is true that the attorney receives a larger fee when the case goes longer. The problem is the client and the lawyer both want to be paid as soon as possible. When cases take over 2 years no one benefits. A disabled person cannot work and needs money, and the lawyer has to wait for just as long to get paid.

Everyone would be much happier if the case took less than a year to be resolved and benefits paid.

Unfortunately, neither the client or the attorney has control over the hearing date. Social Security decides when the case is ready for trial. See my earlier post regarding expediting the hearing.

Often, someone will be injured at work and it will aggravate a condition that had been in existence before the work accident. Such as a bad back, arthritic knees, or fibromylgia. In Illinois, you can still recover Workers’ Compensation benefits for such an injury.

In Illinois, the rule is that you must have been injured in the course of your employment, or you must have aggravated a previous condition. The aggravation must be considered permanent in order to recover compensation. Some other states have a stricter requirement, however, if you have jurisdiction in Illinois you can use the more liberal rule.

Let’s face it, it easy to give in and become overwhelmed in the face of pain and negative circumstances. Almost everyone who applies for Social Security disability has daily pain and limitations in their daily activities. On top of it, Social Security specializes in denying most claims. You are discouraged already and then you are denied benefits. But if you do not continue to appeal the denials you know what the result will be.

Social Security disability is unique in that you can keep appealing and applying for benefits. In other types of cases you only get one shot along with potential appeals. If you are denied Social Security and lose at hearing you can reapply. Certainly, your back benefits will be affected and sometimes your insured status will run out, but you can continue to appeal and apply.

The point is that the Social Security disability process favors those who do not give up and give in.

I would be glad to discuss ideas for helping you through the long wait and whether you should continue the course.
Call me, Attorney Dirk May, at 309-827-4371.

Be careful out there. You may get what you ask for.

Understandably, people want a disability hearing as soon as possible but sometimes it may hurt you. As I have explained in this blog, you can contact your congressperson or united states senator and ask them for an expedited Social Security disability hearing. Often this helps speed up the process.

However, if you are 48 or 49 years old you may want to think carefully about this approach. Or at least discuss it in detail with your lawyer. The problem is that Social Security regulations relax when you reach 50 years of age. If you can work a sit down job you can still be found disabled. If you are less than 50 years old and can perform a sit down job, then you will not be found disabled.

In this example, if you have a disability hearing before you are 50 years old you would lose, and if you did not have the hearing until after your 50th birthday you would win.

The nice thing about attorney fees in Illinois Workers’ Compensation law is that you do not have to pay anything up front to your lawyer.

Fees are limited to 20% of your recovery. To be paid at the end of the case.  Or if the attorney gets your time off pay started, the lawyer can charge 20% of what is called temporary total disability.

This fee arrangement is extremely helpful to the injured worker because you do not have to come up with money when you are injured and you know exactly what percentage the lawyer will receive at the end of the case.