2.  When should I get a lawyer?

3.  What types of cases do you handle?

4.  Do you handle appeals after a claim has been denied at the hearing level?

5.  Will you consider taking a case into federal court if a different lawyer
     represented me previously?

6.  What are the typical fees?

7.  I don't live very close to Chicago or Evanston; can you represent me?

 

1.  Do I need a lawyer to represent me in my claim?

A lawyer is not required and many people represent themselves in Social Security Disability claims. However, having an attorney represent you is often very helpful in ensuring that proper records are obtained, obtaining medical opinions from your treating doctors which are relevant to the Social Security laws and regulations, preparing you for the hearing, writing legal memoranda to administrative law judges, etc..

Many people file the initial claim on their own, and seek representation if they are denied by the Social Security Administration.

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2.  When should I get a lawyer?

Some people prefer to have representation from the beginning, so a trained attorney or his assistants can review forms and aid in obtaining relevant medical records and opinions. Others prefer to file on their own, saving the cost of legal fees, until they find out if Social Security approves or denies their claim.

It can be particularly important to hire an attorney at the hearing stage, upon filing, or before filing, a Request for Hearing. Administrative law judges who hear these cases often request written memoranda, including legal theories. Experienced lawyers can be invaluable in preparing these documents. In addition, hearings often require cross-examination of medical experts and vocational experts called upon by the ALJs to testify. Attorneys who are experienced in Social Security law know what questions to ask, and are often experienced in the proper techniques involved in examining witnesses. Also, an attorney will help the client prepare for the hearing, knowing what questions will be asked, and the procedures which will be followed.

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3.  What types of cases do you handle?

All types of Social Security Disability claims including: SSI, Disability Insurance Benefits, Overpayment cases, and Widow's Benefits claims. We also represent people with claims against insurance companies stemming from Long Term or Short Term disability claims through work, or a private disability insurance policy.

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4.  Do you handle appeals after a claim has been denied at the hearing level?

Yes, we will file appeals to the Appeals Council, and Mr. Schultz has extensive experience representing people with claims in federal court, including at the Seventh Circuit Court of Appeals. Although the standards of review sometimes make federal court claims difficult, very often attorneys are able to convince a federal judge that Social Security made an error, resulting either in an award of benefits, or a remand for a new hearing with an ALJ. Claimants are often successful in obtaining several years of back benefits following an appeal.

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5.  Will you consider taking a case into federal court if a different lawyer
     represented me previously?

Yes. Many attorneys who handle Social Security cases do so only at the administrative level, and do not represent claimants in federal district court. Mr. Schultz would review your case with you to determine whether or not there are good legal grounds for filing the case in court. If so, he will not hesitate to take a case to court although a different attorney handled the matter previously.

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6.  What are the typical fees?

For Social Security disability claims, in general, the fee is 25% of any past-due benefits which are eventually awarded the claimant and his or her dependents. Most of the time we agree to a maximum fee, such that the fee is limited to 25% of past-due benefits or the maximum, whichever is less. The fee agreement entered into between our office and our clients spell out the fee arrangement in detail.

For Long Term and Short Term disability claims a different fee structure is used, which will be discussed at the initial conference. For Social Security overpayment claims, or for continuing disability review cases, in which Social Security is seeking to terminate benefits, a different fee arrangement is required, usually involving an hourly rate for work performed. In those cases the final fee must be approved by the Social Security Administration.

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7.  I don't live very close to Chicago or Evanston; can you represent me?

Possibly. The Evanston hearing office for Social Security handles hearings for people from the Illinois/Wisconsin border in Lake County out to McHenry County, through many of the Northwest suburbs and the Northern part of Chicago. If you live too far away to travel to Evanston, or if you are too ill to travel to our office, we can have our initial conference by telephone, and send you the forms to be filled out. Similarly, the attorneys in our office routinely handle hearings in the downtown Chicago hearing office, as well as the offices in Oakbrook and Orland Park - and occasionally in Rockford and Gary Indiana.

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