Linarducci Law FAQ
1How Do I Become a Social Security Disability Client?
Navigating the Social Security Disability Process all alone can be a scary thing. It is hard to know what information you should give to the Social Security Administration or even to understand why you were denied benefits. Linarducci Law helps people who are applying for Social Security Disability Insurance (“SSDI”) and/or Supplemental Security Income (“SSI”) payments. We make the process simpler for you, and give details to the Social Security Administration to improve your chances of obtaining disability benefits.
Call Linarducci Law today at 302-325-2400 for a free consultation to see if we can help with your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. It doesn’t matter if you have already applied for benefits, have been denied benefits, or you're just considering applying, we may be able to help.
It is important to realize that you are able to have an attorney represent you at any point in the Social Security Disability Process. Hiring an attorney at the beginning of the claim can help reduce delays and possibly prevent the need to file any appeal. You are allowed to be represented by a lawyer during the initial application for benefits and throughout any appeals that you must file. The Social Security Administration regulates fees that attorneys can charge and sets rules that must be followed by your attorney. Any fee that an attorney receives for representing an individual in a Social Security claim must first be approved by the Social Security Administration.
If you are not currently being represented for your Social Security Disability/SSI claim and decide that you want the help of the experienced attorneys at Linarducci Law, please call Linarducci Law at (302) 325-2400 to schedule a free disability consultation.
Call Linarducci Law today at 302-325-2400 for a free consultation to see if we can help with your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim. It doesn’t matter if you have already applied for benefits, have been denied benefits, or you're just considering applying, we may be able to help.
It is important to realize that you are able to have an attorney represent you at any point in the Social Security Disability Process. Hiring an attorney at the beginning of the claim can help reduce delays and possibly prevent the need to file any appeal. You are allowed to be represented by a lawyer during the initial application for benefits and throughout any appeals that you must file. The Social Security Administration regulates fees that attorneys can charge and sets rules that must be followed by your attorney. Any fee that an attorney receives for representing an individual in a Social Security claim must first be approved by the Social Security Administration.
If you are not currently being represented for your Social Security Disability/SSI claim and decide that you want the help of the experienced attorneys at Linarducci Law, please call Linarducci Law at (302) 325-2400 to schedule a free disability consultation.
2What Are The Fee/Costs for Social Security Disability Representation?
The first question that most new clients ask is “how much do you charge?”
For Social Security Disability/Supplemental Security Income (“SSI”) cases, Linarducci Law regularly represents clients on a contingency fee basis. This means that we only receive a fee if our client is approved for Social Security Disability and/or SSI payments.The fee is based on the amount of money that a person is owed by the Social Security Administration if they are approved. Federal law limits the amount that can be charged for representation in a Social Security Disability claim to the lesser of 25% of an individual’s past-due benefits, or a maximum fee of $6,000. Our fee is based on all benefits our client and any dependents are entitled to from the date their disability began until the date that they are approved for benefits. We do not receive any fee from monthly benefits that our clients receive after they are approved. If our client is not approved for benefits, we do not receive a fee for representation.
Normally our fee is withheld from our client’s past-due benefits and directly paid to our office by the Social Security Administration after our client is approved. To protect people who are applying for Social Security Disability/SSI benefits, the Social Security Administration must first approve any fee that is charged. We are not able to charge a client a fee unless we receive written authorization from the Social Security Administration. Social Security also allows a client to submit a written objection if an unfair fee is being charged. Since attorney fees in Social Security Disability and SSI claims are regulated by federal law, the majority of Social Security attorneys throughout the United States charge the same fees for Social Security claims.
Although we will not receive a fee if a client is not approved for Social Security Disability Insurance/SSI benefits, we do require that clients repay any costs that we incur. Costs are normally limited to medical records, medical opinions, copying and postage expenses. We explain to clients (during their initial appointment) that additional medical documentation is normally required in order to prove that they are disabled. To reduce costs we provide clients with an option of requesting their own records or medical opinions. The amount of costs that we incur while representing clients depends on the stage of the disability process and the number of treating physicians. Whenever we pay for records directly on behalf of clients, we send them a copy of the payment letter so that expenses can be tracked.
To reduce costs for clients, we normally provide medical opinion forms for clients to take to their treating physicians for completion. In our experience, the most expensive evidence to obtain is a medical opinion. In Delaware, doctors charge an average of $150 to provide a medical opinion. Although we explain to doctors that our clients are responsible for repaying any cost we incur, we have found clients can often save substantial money by taking forms directly to their physicians. Doctors are much more reluctant to charge their patients to complete a form during a scheduled appointment.
Since costs are not part of the fee, we send our clients an invoice for all costs incurred regardless of the outcome of the case. The Social Security Administration does not reimburse Linarducci Law for expenses, so clients are responsible for repaying costs even if the Social Security Administration sends us our fee. We limit the costs we incur by only requesting those records that Social Security was unable to obtain.
At the initial and reconsideration levels of the Social Security Disability process, we provide details about a client’s treatment to the Disability Determination Service so that records can be obtained free of charge. If the Disability Determination Service does not receive a response from a treating doctor, we will request the records on the client’s behalf to avoid a denial due to incomplete evidence.
At the Administrative Law Judge level, the Social Security Administration will normally not request updated records. We review the Social Security Administration file with clients, and we determine which records are needed for the hearing. We will provide clients with an opportunity prior to the hearing to request necessary records directly from their physicians, or we will request relevant medical records. Our goal in every Social Security disability claim is to incur only limited costs, and we always notify clients if we believe that a doctor is charging an unreasonable rate for records.
However, if we find that a client’s Social Security Disability/SSI claim presents unique problems, we may be unable to represent the individual on a contingency fee basis. Unique situations that we have encountered include situations where: a client has a pre-existing overpayment with the Social Security Administration; a client owes substantial federal income taxes; a client is receiving workers compensation payments that would eliminate eligibility for monthly payments from the Social Security Administration; and/or, it is likely that a client will be approved for payments prior to the receipt of any past-due benefits. When we recognize that one of these situations will occur, we explain the situation to the client and discuss alternative fee arrangements. Every client that we agree to help signs a written fee agreement and has an opportunity to ask us questions prior to our representation beginning.
Relevant links
For Social Security Disability/Supplemental Security Income (“SSI”) cases, Linarducci Law regularly represents clients on a contingency fee basis. This means that we only receive a fee if our client is approved for Social Security Disability and/or SSI payments.The fee is based on the amount of money that a person is owed by the Social Security Administration if they are approved. Federal law limits the amount that can be charged for representation in a Social Security Disability claim to the lesser of 25% of an individual’s past-due benefits, or a maximum fee of $6,000. Our fee is based on all benefits our client and any dependents are entitled to from the date their disability began until the date that they are approved for benefits. We do not receive any fee from monthly benefits that our clients receive after they are approved. If our client is not approved for benefits, we do not receive a fee for representation.
Normally our fee is withheld from our client’s past-due benefits and directly paid to our office by the Social Security Administration after our client is approved. To protect people who are applying for Social Security Disability/SSI benefits, the Social Security Administration must first approve any fee that is charged. We are not able to charge a client a fee unless we receive written authorization from the Social Security Administration. Social Security also allows a client to submit a written objection if an unfair fee is being charged. Since attorney fees in Social Security Disability and SSI claims are regulated by federal law, the majority of Social Security attorneys throughout the United States charge the same fees for Social Security claims.
Although we will not receive a fee if a client is not approved for Social Security Disability Insurance/SSI benefits, we do require that clients repay any costs that we incur. Costs are normally limited to medical records, medical opinions, copying and postage expenses. We explain to clients (during their initial appointment) that additional medical documentation is normally required in order to prove that they are disabled. To reduce costs we provide clients with an option of requesting their own records or medical opinions. The amount of costs that we incur while representing clients depends on the stage of the disability process and the number of treating physicians. Whenever we pay for records directly on behalf of clients, we send them a copy of the payment letter so that expenses can be tracked.
To reduce costs for clients, we normally provide medical opinion forms for clients to take to their treating physicians for completion. In our experience, the most expensive evidence to obtain is a medical opinion. In Delaware, doctors charge an average of $150 to provide a medical opinion. Although we explain to doctors that our clients are responsible for repaying any cost we incur, we have found clients can often save substantial money by taking forms directly to their physicians. Doctors are much more reluctant to charge their patients to complete a form during a scheduled appointment.
Since costs are not part of the fee, we send our clients an invoice for all costs incurred regardless of the outcome of the case. The Social Security Administration does not reimburse Linarducci Law for expenses, so clients are responsible for repaying costs even if the Social Security Administration sends us our fee. We limit the costs we incur by only requesting those records that Social Security was unable to obtain.
At the initial and reconsideration levels of the Social Security Disability process, we provide details about a client’s treatment to the Disability Determination Service so that records can be obtained free of charge. If the Disability Determination Service does not receive a response from a treating doctor, we will request the records on the client’s behalf to avoid a denial due to incomplete evidence.
At the Administrative Law Judge level, the Social Security Administration will normally not request updated records. We review the Social Security Administration file with clients, and we determine which records are needed for the hearing. We will provide clients with an opportunity prior to the hearing to request necessary records directly from their physicians, or we will request relevant medical records. Our goal in every Social Security disability claim is to incur only limited costs, and we always notify clients if we believe that a doctor is charging an unreasonable rate for records.
However, if we find that a client’s Social Security Disability/SSI claim presents unique problems, we may be unable to represent the individual on a contingency fee basis. Unique situations that we have encountered include situations where: a client has a pre-existing overpayment with the Social Security Administration; a client owes substantial federal income taxes; a client is receiving workers compensation payments that would eliminate eligibility for monthly payments from the Social Security Administration; and/or, it is likely that a client will be approved for payments prior to the receipt of any past-due benefits. When we recognize that one of these situations will occur, we explain the situation to the client and discuss alternative fee arrangements. Every client that we agree to help signs a written fee agreement and has an opportunity to ask us questions prior to our representation beginning.
Relevant links
- Contingency Fee Definition (WikiPedia definition of Contingent Fee)
- Attorney Fee Regulations (External link to the Social Security Administration)
- Worker’s Compensation Offset (External link to the Social Security Administration)
3How Do I Apply for Social Security Disability Benefits?
The initial application for Social Security disability insurance benefits is very important. Failure to provide the Social Security Administration with important facts or complete information correctly may result in your disability application for Social Security Disability Insurance (“SSDI”) or Supplemental Security Income (“SSI”) payments being denied.
Linarducci Law is available to assist individuals that are applying for Social Security Disability Insurance/SSI. We help with your disability application to give you a better chance of winning your disability benefit case. Normally we can help you complete the disability application in our office.
Before applying for Social Security Disability benefits, it is important that you understand what you have to prove in order to be found disabled by the Social Security Administration, and that you understand all the requirements of the Social Security Disability Insurance Benefit Programs. After you decide to apply for benefits, it is important that you are aware that you have a right to legal representation for your disability application. The experienced attorneys and staff at Linarducci Law will provide you with insight and guidance in the Social Security disability process and assist with completing the initial application for Social Security disability benefits.
Linarducci Law is available to assist individuals that are applying for Social Security Disability Insurance/SSI. We help with your disability application to give you a better chance of winning your disability benefit case. Normally we can help you complete the disability application in our office.
Before applying for Social Security Disability benefits, it is important that you understand what you have to prove in order to be found disabled by the Social Security Administration, and that you understand all the requirements of the Social Security Disability Insurance Benefit Programs. After you decide to apply for benefits, it is important that you are aware that you have a right to legal representation for your disability application. The experienced attorneys and staff at Linarducci Law will provide you with insight and guidance in the Social Security disability process and assist with completing the initial application for Social Security disability benefits.
4What Can I Do While My Disability Claim Is Pending?
When you have a claim pending for Social Security Disability Insurance (“SSDI”) and/or Supplemental Security Income (“SSI”) Payments, it is important that you understand the Social Security disability process. You must provide updates to the Social Security Administration (“SSA”) and the Disability Determination Service (“DDS”). If you are waiting for an Administrative Law Judge (“ALJ”) Hearing it is also important that you update the Office of Disability Adjudication and Review (“ODAR”) regarding relevant changes in your life. If you fail to tell SSA about significant changes, it is possible your claim can be denied for the wrong reasons.
Linarducci Law helps individuals understand the Social Security disability process, and more importantly know what steps have to be taken before a decision is issued. When we assist with claims, we advise you on the law, and obtain relevant documentation from your doctors to prove your disability. If you are denied benefits, we make sure that your appeal is filed timely, and explain the appeals process to you. If you must have a hearing before the Administrative Law Judge (“ALJ”) our experienced attorneys will prepare you and your case thoroughly and be right by your side, advocating for you the whole way.
If you are not currently being represented for your Social Security Disability/SSI claim and want the assistance of the experienced attorneys at Linarducci Law, please call us at (302) 325-2400 to schedule a free initial consultation, or use our contact page to message or email us.
Linarducci Law helps individuals understand the Social Security disability process, and more importantly know what steps have to be taken before a decision is issued. When we assist with claims, we advise you on the law, and obtain relevant documentation from your doctors to prove your disability. If you are denied benefits, we make sure that your appeal is filed timely, and explain the appeals process to you. If you must have a hearing before the Administrative Law Judge (“ALJ”) our experienced attorneys will prepare you and your case thoroughly and be right by your side, advocating for you the whole way.
If you are not currently being represented for your Social Security Disability/SSI claim and want the assistance of the experienced attorneys at Linarducci Law, please call us at (302) 325-2400 to schedule a free initial consultation, or use our contact page to message or email us.