5 Steps to Hiring a Brain Injury Attorney

One of the most important decisions a traumatic brain injury survivor must make following an accident is choosing the right attorney. Finding the best attorney for your case can be a daunting task, especially for someone with a brain injury.

Choosing an attorney should not be taken lightly in Wisconsin, because the law here makes it extremely difficult to fire your personal injury attorney and find a new attorney to take over your box. The following 5 simple steps will help you find the right Brain Injury Attorney for your case.

1 Identify the Type of box You Have

Start by identifying your particular accident. If you were injured in an automobile crash, then you need an attorney handling auto accident claims. If, on the other hand, you were injured in a semi-truck crash, then you need an attorney that has successfully handled tractor-trailer accidents in the past. The Internet is a great resource to gather general information about your particular accident and finding an attorney with experience handling such a case. For example, conduct a web search for "(your_state) Car Accident Attorney," "(your_state) Truck Accident Attorney," etc.

2 Research Your Specific Type of Injury and Your Symptoms

You should also conduct research on your specific type of injury and symptoms. For example, you could conduct a web search for "Mild Traumatic Brain Injury," "Moderate Traumatic Brain Injury", "Severe Traumatic Brain Injury," "Post – Traumatic Headache," "Dizziness", etc.

3 Search for Names of Potential Attorneys

Once you have identified what type of case and the type of injury you have, and have done some preliminary internet research, you can begin searching for attorneys that have experience in accident cases that result in injuries to the brain. Again you should turn to the Internet. The Yellow Pages may also be of benefit, however, because there is a limited amount of information that can fit on one page it is usually an inadequate resource. Television is even less helpful, because of the time limit on the ads and the insistence of some personal injury attorneys to run generic catch-all commercials promising a big settlement on all types of case and injuries. Search the web for an attorney with experience handling your particular type of accident and your particular type of injury, including your symptoms.

Once you have your list of possible attorneys, you should read their particular websites closely. Check out the organizations to which they belong. They should belong to organizations that advocate for victims that have survived traumatic brain injuries. Also, look for past settlements and jury verdicts concerning traumatic brain injury.

4 Call and Request Written Material From the Attorney

It is critical that you choose the right attorney from the outset. You can simply call the first attorney you see on TV and set up an appointment. However, this is not recommended as it is hard for you to determine whether this attorney is truly experienced with traumatic brain injury based simply upon a TV advertisement. Instead, call and ask the potential attorney to send you information this attorney uses to develop and document his client's traumatic brain injury symptoms. If you request written material before meeting with the attorney, then you cannot be pressured into signing something you may regret later. You will be able to first read the attorney's educational materials and then decide on your own time whether this attorney is right for your case.

If you do call an attorney for written materials and instead of politely sending you some free educational information, they attempt to get you into their office or offer to send someone out to your house or hospital room, then beware. Brain injury victims are usually quite vulnerable following an accident and they should never feel pressured into signing anything, including an attorney's fee agreement.

If the attorney or law firm does not offer informative, written materials, or if they are pressuring you to come in and sign a retainer, then they may not be reputable.

Keep in mind that the ethics rules prevent attorneys from directly contacting you in person, by telephone, or by email, unless you contact them first. If an attorney solicits you without your request, then you should immediately report them to the Office of Lawyer Regulation (877) 315-6941.

5 Schedule an In-Person Appointment with the Attorney and Ask Questions

Once you have done the necessary background research, it's time to set up a face-to-face meeting with the attorney. Make a list of issues and bring the list with you to the appointment. If the attorney is competent and experienced with traumatic brain injury, he/she will likely appreciate your persistence and answer your question much more directly.

Here are some suggested questions to ask:

Will you be the one handling my case from start to finish? (If the answer is "no," immediately request to meet with the attorney that will be handling your case from beginning to end).

What is the process for handling my case? What steps will you go through?

When will my case be ready to be resolved? (If the attorney promised a quick settlement, they may be telling you what they think you want to hear as opposed to the actual truth).

How many active boxes are you personally handling at the present time?

Have you ever represented people with traumatic brain injuries before? What were some of the results?

How do you obtain most of your brain injury cases? (Referrals from attorneys, other professionals and former customers is the right answer).

Have you attended or presented at any brain injury conferences or seminars?

Do you belong to any trial lawyer brain injury organizations?

Are you a member of any national brain injury associations?

Are you a member of your state's Brain Injury Association?

What is your AVVO ranking? (A rank of 9 + is excellent).

Attorneys that devote a majority of their practice to the representation of traumatic brain injury survivors will not be learning on the job during your case. They will not have to learn new medicine for your box.

Instead, you can be comfortable with an attorney experienced in the representation of brain injury victims knowing they have worked with some of the best experts in the fields of medicine for brain injuries and an experienced brain injury attorney will not be intimidated when faced with brain injury medical experts that have been retained by the insurance companies to say that you did not sustain a life-changing injury. As a result, experienced traumatic brain injury attorneys are usually in a much better position to obtain the appropriate amount of damages for their clients with traumatic brain injuries because they have a better idea as to the amount a jury may award for this specific kind of injury.

Randy Rozek, Wisconsin Traumatic Brain Injury Attorney and owner of Rozek Law Offices SC, invites you to visit Wisconsin's leading website at http://rozeklaw.com/wisconsin-traumatic-brain-injury.htm for more articles and legal information on traumatic brain injury. You may also feel free to contact Attorney Rozek via the web contact form or live chat for legal advise.

Conseils efficaces pour choisir un procureur de faillite droite

Nowadays we hear lots of people losing their jobs as unemployment is increasing a lot. We can never say that we will not face the situation as the unexpected happens. We should be ready with the solutions for the life's most unexpected and complex financial problems.

In case if you are unable to come out of your financial problems, then you can consider filing bankruptcy. Purpose, you should be aware of how to choose a bankruptcy attorney. Choosing an experienced bankruptcy lawyer will make a big difference to your financial situation. Consult the attorney before making a decision as it will impact your financial situation. Search the internet and come to a decision by reviewing all the recommended lists of your state's bankruptcy lawyers.

Bankruptcy laws exist to give a solution to the person who is systemic with debt and want to start freshly. These laws change frequently, in order to get most out of these constantly changing laws, a debtor needs a smart and experienced lawyer who deals entirely with bankruptcy. If you are in financial hardship and have a need of bankruptcy attorney, below are few things to take into account while choosing.

Gather a list of bankruptcy attorneys: Call the local bar association, talk with your friends and neighbors who have already taken the help of bankruptcy attorneys for reference, browse the internet to find attorneys in your area. After collecting a list of bankruptcy attorneys, depending on what type of attorney you need – consumer, commercial, business or personal, choose the best bankruptcy attorney. Call the attorneys personally and talk to them, this will help you to narrow down your choices and helps you in choosing the best attorney.

Consult the attorneys personally: Bankruptcy attorneys provide free consultation for first time, if the attorney charges the fee move on to the next attorney in the list, speak with attorney personally and find out how much experience he has and number of cases they have handled successfully. The bankruptcy attorneys should be able to provide detailed information about the bankruptcy from the scratch. If they don't provide the information confidently for the questions you ask and look unclear, move on to the next attorney.

Find out the amount you have to pay: Ask the attorney about the amount you have to pay fully from beginning to end. Depending on where you live and the type of debt you are in, the bankruptcy attorney will charge you $1,000 to $3,500. While choosing the bankruptcy attorney don't always choose the eating one. Find out which attorney is more qualified and who has good experience. Some bankruptcy attorneys will ask you to pay the fee fully in advance before filing the case. Talk to the attorneys in advance and come to a conclusion.

Options with the attorneys: Discuss all your options with the attorneys, make sure that the attorney you choose is ready to work for you, there are several attorneys who file your case without having interest to take up the case for quick fee. You can find out easily whether the attorney you thing is really interested to take up the case by interviewing the attorney.

Ratings and reviews: Check out the ratings and reviews about the internet from your friends and attorney.

Surely all the above steps will help you to find out good bankruptcy attorney. as a result you will debate get out of your debts.

Bankruptcy attorney Riverside will help you a lot in making your bankruptcy case a success. If you want to know more about your bankruptcy filing in Riverside, you can make a free consultation with our attorney and discuss about your case

Three Lessons on Durable Powers of Attorney

Durable powers of attorney are an essential element in a succession plan complete, allowing a continuous financial incapacity. Under a durable power of Attorney, an attorney in fact makes financial decisions on behalf of the principal. In fact, the Attorney General may administer large and broad powers. Conversely, the powers granted by a durable power of attorney may be limited to specific assets or powers. Accordingly, the level of control in fact given the Attorney General should reflect the specific requirements of the estate and comfort of the principal with a general grant of authority. In this article, the author taught three lessons on effective execution and implementation of lasting powers of attorney.

First lesson: why so I need one now?

The legality of lasting powers of Attorney arising from the Statute of the Agency. Principles of agency law, an individual whose capacity can give an officer powers - to contract, to represent the principal or to revoke or amend a trust, for example. In the case of a non-sustainable power, the Agency ends on the inability of the principal. Sustainable powers survive failure, but the principal must have the ability at run time to perform a valid authority.   Therefore, the execution of a durable power of Attorney for financial management must be performed before a failure.

To wait until it becomes unable to consistently express its wishes with respect to financial management decisions is too late, and a same court-appointed may be necessary. What the trustee successor named in my trust, or the executor of my will? They would be able to intervene? Since the principal does not die of incapacity, only an attorney in fact designated under a properly executed proxy may intervene to make decisions of financial management. Last minute sustainable of power of attorney executed in disability would not survive a challenge judicial, however dear or damage the result.

The second lesson: consider making immediately effective power

Often, imprudent estate planners will execute "durable powers of Attorney, sees" which will become effective on the inability of the principal. Incapacity is determined according to a test in the power, as a decision made by a physician or a given court decision. But who wants to go through the expense, difficulty and uncertainty to initiate legal proceedings to determine disability? One of the objectives of estate is not planning to avoid delays and unnecessary costs? In addition, doctors frequently not hesitate to make decisions for incapacitated due to the liability that they may face.

In most cases, a better strategy would be to run an immediately effective durable power of Attorney, which gives an attorney in fact the power to make decisions on behalf of the principal without any finding of incapacity. Many fear an immediately effective proxy, reasoning that no one should receive such power over their financial affairs unless they are completely incompetent. If they in fact have such a lack of confidence for the Attorney General, why they are running a proxy in the first place? One would think that even more confidence would be necessary when the principal is incompetent and has little influence on the Attorney in fact. Finally, simple measures can be taken to avoid disasters before disability. Consider sealing of a copy of the durable power of Attorney in an envelope labeled "do not open until my inability." In addition to the oral instructions, this can help avoid the scenario of a runaway Attorney in fact who uses the proxy to access the financial accounts prior to disability.

Lesson 3: what powers expected the Attorney in fact be given?

The powers of a Prosecutor in fact dependent on the desires of the main and the particular concerns that stem from the types of assets held. The durable power of Attorney must be coordinated with health advance directive, trust and the will to ensure that they not contradict each other. Namely, the Prosecutor should in fact have the power to create trusts? To cancel or modify existing trusts? The Attorney General would in fact have a power to himself or others donate? These powers can help ensure that the preparation for the care of long-term (medical) or tax planning can take place even after the failure.   Before executing a power of Attorney, individuals should be fully informed powers they grant and the possible consequences of these scanning of power concessions. In all cases, it is best to consult a lawyer who can provide advice on specific risks.

Conclusion

Durable powers of attorney are one of five basic estate planning documents discussed in this article series. Unlike a will or trust, which deals primarily with the decisions taken to death, the deals with lasting power of Attorney estate planning and financial management of life issues. People should be aware of the risk waiting to run the proxy; the dangers of the "sees" powers. the range of powers which may be given to the lawyer of fact; and risks associated with a scan of the authority of the Attorney General in fact grants.   --

This article is intended to provide general information about estate planning strategies and should be relied upon as a substitute for legal advice from a qualified attorney. The Treasury regulations require a limitation of liability, to the extent that the article is, tax issues, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by the Act.

John c. Martin is an estates, trust and probate lawyer in Menlo Park. For more ideas, visit its Web site: http://www.johncmartinlaw.com

Going Legal - How to Find & Work With an Attorney For Your Small Business

Deciding Whether to Go Legal

As a train full-time practicing attorney and now a small business owner, I have been on both sides of the fence when it comes to the legal issues a business owner may face. This provides me with the distinct advantage of knowing when to call in an attorney for assistance, as opposed to using another professional, such as an accountant, financial planner, insurance agent, or business coach - or perhaps handling the matter myself. In addition, my background helps me to select an attorney that is the best fit for the business matter at hand. Many entrepreneurs have had limited experience deciding whether a matter needs legal attention and, if so, what type of attorney to retain, how to find the best match, and how to maximize the attorney-client relationship. As an entrepreneur, it is imperative that you understand when to 'go legal', and if you do, how to find and work with an attorney that is the best fit for your issue.

If you are confused about whether your matter needs legal attention or whether you can handle it yourself, try researching the matter on the American Bar Association's Self-Help online center. Go to Public Resources, then Legal Help, and then Self-Help. The section is organized by state and is a user-friendly resource for determining whether a matter is complex and needs a legal expert, or whether it is something you can handle yourself.

In addition, a good business coach, especially one with a legal background, is a great sounding board to assist you in determining whether an issue is truly legal in nature, and if so, which type of attorney to retain. You would be surprised how many issues appear in legal nature, but turn out to be business decisions instead. So don't be hasty when deciding whether to go legal!

Not All Attorneys Are Created Equal

So, creation you have decided to 'go legal' and retain an attorney, which one are you going to call? If you broke your arm, would you make an appointment with an allergist? If you had an ear infection, would you seek the advice of a surgeon? Of course not! Yet, everyday, many entrepreneurs contact and use attorneys to handle matters for their businesses that are completely outside the realm of what that attorney specializes in. Yes, attorneys specialize.

First, there is the main issue of whether your matter is civil or criminal in nature. Generally (and, thankfully!), the average legal matter an entrepreneur will face is a civil matter. Thus, you will be dealing with a civil attorney (debate in more ways than one). However, civil law is a huge umbrella. Typical small business matters may include incorporation, intellectual property (trademark, copyright, and patent), contract drafting and enforcement, employment or labor law issues, etc. Thus, look for an attorney that specializes in the area you need help with. Don't be tempted to use your cousin, who is a residential real estate attorney, to assist you with a complex issue trademark. While this may be tempting in terms of saving money, it may (and often does) cost you more money in the long run if the matter is not handled properly. So match the attorney to the problem, and you are on the right track.

If you are unsure what type of legal issue you are even facing, speak up! Talk to a friend or business colleague that is an attorney, and ask his or her advice on the type of issue you are dealing with. You can also call the local bar association, or do some basic internet research to find out the area of law you are dealing with There are several sites that provide basic legal information for non-attorneys, such as Nola, FindLaw and at the Legal Zoom websites. This background research will arm you with enough terminology and basic knowledge to make the best match with an attorney whose legal practice covers the area of your business issue.

Finding an Attorney

So, now that you know the area of law, how do you find a good lawyer that practices in that area? The same way you find any other professional to assist you with your business. Referrals from friends, family and colleagues are a fantastic way to find a reputable attorney. You can also ask your local chamber of commerce, local law school, and local and state bar associations. Still can't find an attorney that is a great game? Try Martindale-Hubbell's Lawyer Locator online at http://www.martindale.com

Money Matters

If you've never worked with an attorney before, here are some basics of the legal profession with regard to money matters. Most attorneys charge by the hour, so ask what the hourly rate is, and an estimate of how many hours the matter may take. If the matter is small, but a typical one that the attorney handles often, there may be a flat fee for the entire transaction instead of an hourly rate. Be prepared to pay a fee for the initial consultation, which is standard, but not a hard and fast rule. In some cases, the attorney may require a retainer, which is money that provide you upfront that the attorney works off of as the matter progresses.

One thing to consider is that law firms are typically broken down into partners and associates. Partners are essentially co-owners of the firm, while associates are employees, albeit high level professional ones. Who demands the highest rates? Usually, the partners. Thus, ask yourself if you truly need a partner, or can an experienced associate handle the matter. Do you need the best litigator in the firm? Often times, the best litigator may be an associate that is still active in the courtroom, as opposed to a partner that may be more of a rainmaker bringing in business for the firm.

In some cases, for very small matters or legal research, even a law clerk or paralegal may do. Ask who is the best match, and don't assumes it is always the person whose last name is on the door.

Maximizing the Attorney-Client Relationship

I cannot emphasize enough the importance of accurate, concrete, and timely record keeping and documentation when preparing to work with an attorney, and during the relationship. An attorney will need to go on a fact-finding mission in order to best represent you and your business. Help your attorney do his or her job better by coming to the table with all of your ducks in a row. Be prompt in providing requested information, as often legal timelines are at play. Honesty is also vital when working with an attorney. The best attorney-client relationships are built on mutual trust and, thus, withholding information can make or break your box. An attorney needs all of the facts in order to make tough decisions with you about the best course of action for your business matter.

WANT TO USE THIS ARTICLE IN YOUR E-ZINE OR WEBSITE?

You can, as long as you use this complete statement: Copyright 2008. Lisa Montanaro, "The Solutions Expert," is Principal of LM Organizing Solutions, LLC, a professional services firm created in 2002 that offers professional organizing, business and life coaching, and motivational speaking to individuals and organizations. Lisa publishes the monthly "Decided to be Organized" e-zine, which offers free tips, articles, and advice on how to be more organized. Sign up today at http://www.LMOrganizingSolutions.com

Disability Attorney Notes - Importance of Careful Billing Records

La Cour considère que cinq facteurs pour déterminer s'il convient d'accorder des honoraires du procureur invalidité.

1) Le régime d'assurance invalidité gouvernés de ERISA agi de mauvaise foi ? Il était coupable de forcer le demandeur à la Cour ?
2) Est le Plan ou l'administrateur du régime invalidité-a la capacité de payer les taxes, si la Cour accorde eux ?
3) Serait accordant le procureur d'invalidité frais agir comme moyen de dissuasion à l'avenir ?
4) La décision juridique n'avait la possibilité de bénéficier d'autres participants au régime ?
5) Comment le bien-fondé de chaque côté comparer ?

Alors que la Cour a le droit d'ordonner le régime d'assurance invalidité de payer des frais d'avocat l'invalidité si même une des conditions ci-dessus est remplies, dans la plupart des cas, la Cour seulement considère l'attribution des frais si plus d'un des cinq facteurs s'applique.

D'abord, les regards Court à savoir si le procureur d'invalidité a réussi à gagner une partie importante du litige. Puis la Cour d'examiner si le régime d'assurance invalidité avait une position justifiable qui a été prise de bonne foi. Si elle le faisait, la Cour peut déterminer que la remise de frais d'avocat n'est pas approprié.

Une fois que la Cour a déterminé que la rémunération de l'avocat de l'invalidité est appropriée, ERISA établit un ensemble de lignes directrices claires. Avocats d'invalidité ne sont autorisés à la facture heures passées productive poursuivant les efforts de contentieux avec succès. Ni heures aidant un prestataire d'invalidité pendant les appels administratifs du processus ni heures passées à poursuivre l'information qui plus tard s'avère inutile sont facturables.

La facture des frais du procureur de la déficience doit être détaillée avec soin. Suffisamment de détails devrait être présents afin que la Cour peut déterminer si le travail effectué est clairement relié au litige. Ce n'est pas simple politesse. ERISA cela exige donc que la Cour peut reconnaître lorsque les charges excessives, redondants ou autrement inutiles ont été inclus.

En plus de cette information, ERISA exige que le procureur de la déficience d'utiliser un taux horaire raisonnable. Le procureur de handicap doit fournir des affidavits d'autres avocats de handicap pratiquant dans la même zone indiquant ce que les procureurs de la charge pour représenter les demandeurs invalidité à long terme ou à court terme. Cela donne les frais judiciaires à comparer. Lorsque le régime d'assurance-invalidité est en désaccord avec le taux demandé par le procureur de la déficience, la Cour est en mesure d'utiliser ces chiffres afin d'évaluer la pertinence des honoraires. La Cour examinera également l'expertise de l'avocat de handicap pour déterminer un tarif équitable.

La Cour utilise 12 facteurs pour ajuster le règlement définitif. Chaque facteur peut travailler seul ou combiner les forces avec les autres.

1. Le temps et le travail impliqué par rapport à la complexité de l'affaire. La plus longue une affaire, les plus d'heures que s'attendront à la Cour sur la facture.

2. La nouveauté et la difficulté des questions portées devant la Cour. Certains cas présentent un plus grand défi, qui la Cour reconnaît qu'il faudrait plus de temps pour la recherche.

3. La compétence du procureur devait posséder pour fournir des services juridiques acceptables. Le cas le plus simple, le moins d'expertise, l'affaire aurait besoin.

4. L'incapacité du procureur à accepter d'autres cas afin de traiter la demande. Un cas plus complexe ne pourrait pas permettre un procureur incapacité de travailler sur les autres revendications en même temps, ou au moins grandement réduire le nombre de clients simultanés, avec que le procureur de la déficience peut travailler.

5. Le droit coutumier des autres avocats exerçant dans le même domaine de spécialité. C'est où les affidavits des autres procureurs de la déficience viennent.

6. La question de savoir si le procureur frais d'une taxe fixe ou des taxes de contingent. Comment un frais d'accusations de procureur peuvent être un facteur pertinent.

7. Les limites de temps imposées par le client ou les circonstances. Ce facteur est comparable à # 4, mais pas tout à fait identiques.

8. Le montant d'argent impliqué dans le règlement de la réclamation et les résultats obtenus. L'argent plus impliqué, plus probablement plan ou la compagnie d'assurance-invalidité est coupable.

9. L'expérience, la réputation et capacité d'attorney(s) de l'invalidité.

10. La « indésirabilité » de l'invalidité prestations affaire. Certains cas sont plus risqués pour un procureur incapacité à prendre.

11. La nature et la durée de la relation professionnelle avec le client. Certains cas prennent plusieurs années pour ramener un résultat juste.

12. Prix payés par d'autres tribunaux dans des cas similaires. La Cour se compare-t-elle décisions rendues par d'autres tribunaux à travers les États-Unis.

À la fin de la journée, un procureur d'assurance invalidité il peut souffler en omettant de tenir des dossiers minutieux. Il ne fait absolument aucun bien à la Cour de déterminer que la victor dans un procès de handicap a le droit à une indemnité pour frais d'avocat, si le procureur général ne parvient pas à faire sa part. Une affaire récente, Pakovich c. Plan de Verizon, le démontre. Le juge a convenu qu'il était approprié d'examiner les droits du procureur de la déficience de compensation, même si une décision judiciaire antérieure avait nié le droit.

Malheureusement, la facturation, présenté par le procureur dépouillé le juge de tout pouvoir d'établir une indemnité appropriée. La facturation détaillée requise était absente. Les affidavits nécessaires confirmant les taux de procureur de handicap approprié au sein du district du Massachusetts ont été produites pas. La Cour n'avait aucune option mais à la refuser la requête pour les honoraires du procureur.

Offrant des services de Procureur aux clients de handicap supérieur va au-delà de sécuriser un renversement du refus du régime invalidité des prestations d'invalidité. Il comprend également fait tout son possible réduire les frais pour le client. Quand un procureur invalidité tient des registres bâclés et omet de respecter les exigences de base de ERISA que l'avocat n'ont pas à pratiquer le droit dans la façon la plus éthique possible. Les meilleurs avocats handicap s'efforcer d'établir toutes les preuves nécessaires pour obtenir une compensation équitable pour les frais de procureur connecté avec le représentant de son client. Cela montre la responsabilité morale.

Plus d'aider vos clients à obtenir leurs prestations d'invalidité qui lui revient. Les aider à conserver autant de la colonie que possible.

Gregory Dell est un avocat de handicap associé directeur de la division du revenu invalidité des procureurs Dell et Schaefer. M. Dell partage des arrêts de la Cour comme celles-ci afin que vous comprendrez comment important d'embauche est un avocat expérimenté. M. Dell et son équipe d'avocats ont un but primaire - s'assurer que leurs clients garder autant de leur règlement d'assurance que possible. Ils ont l'expérience nécessaire pour rendre cela possible. Ils ont aidé des milliers de demandeurs d'invalidité à long terme avec leur demande de handicap.

Does Having an Attorney Determine Whether You Win or Lose Your Social Security Disability Case?

Did you know you can increase your odds of winning your Social Security (SSA) Disability case by more than 50% if you are represented by an attorney? Simply put, that's a dramatic difference and one that every Social Security disability applicant should heed.

Congressional and SSA's own statistics confirm this statement is true. The statistic came to light in November 2001, during Congressional testimony provided by Congressman Robert T. Matsui of California. During the hearing Congressman Matsui provided the following testimony:

"Professional representation is a valuable-and indeed vital-service. The disability determination process is complex. Claimants without professional representation appear to be far less likely to receive the benefits to which they are entitled. For example, in 2000, 64% of claimants represented by an attorney, but only 40% of those without one, were awarded benefits at the hearing level."[1]

At the same hearing, Congressman E. Clay Shaw, Jr. of Florida provided the following testimony:

"As many of you know, filing for Social Security benefits-especially disability benefits-is so complicated that many claimants must hire attorneys to guide them through the process." [2]

Please understand I am not suggesting that you must have an attorney in order to win your disability case. People can and do win their cases on their own. In fact, SSA does not require you to have an attorney, you can represent yourself; but why on earth would you? Congressional and SSA's own statistics show dramatic differences in the outcomes of cases depending on whether an attorney is involved.

I have debated for years on whether to write an article on why one should hire a disability attorney. I did not want the article to be viewed as self-serving for either myself or my profession. I am aware of the unfortunate stature attorneys hold in our society, some of which is deserved. I always enjoy the look in a person's eyes when they learn I am an attorney; it is clear they are searching their mind to share the latest attorney joke...and most are very funny!

However, the testimony of Congressmen Matsui and Shaw confirms what SSA and many disability attorneys have known for years. With such a compelling statistic, it is my hope this article is viewed as educational, rather than self-serving.

So you know the difference a disability attorney can make in your case...what can do you do about it? For those of you who are now considering hiring an attorney, let me provide you with some basic information to assist you in your decision.

1. You only pay an Attorney's fee if you win your Case!

The number one question on people's minds is, "How can I afford an attorney when I am not working?" The answer is simple...you only pay the attorney a fee if you win your case. You do not pay an attorney upfront. Generally, every disability attorney will represent you on a contingency fee basis. Simply put, this means you do not pay an attorney's fee unless you win your case. Thus, everyone seeking disability benefits can afford an attorney. The question you should be asking yourself is "can I afford not to be represented by an attorney?"

2. General information regarding the attorney's fees

The SSA and federal law set the attorney's fees in disability cases. The standard fee agreement most attorneys use states the attorney's fee is contingent upon winning your case. The fee is 25% of all past due benefits for you and your family, up to a maximum of $5,300, or whichever is less. Some attorneys may use a fee agreement which provides for a maximum fee of $7,000.

It is worth noting that on February 1, 2002, SSA increased the maximum standard fee amount to $5,300 from $4,000. This is the first time the fee has been increased since 1990 and simply represented a cost of living adjustment.

Thus, the attorney's fees are usually only a fraction of the benefits you receive; depending on the amount of your past due benefits, it can be a very small fraction.

3. What is my case worth if I win?

The answer to this question depends on a number of factors including...how long you have been disabled, when or if you will ever return to work, the amount of your monthly benefit and whether you have eligible dependents.

For example, if you are 45 years old, your monthly benefit amount is $1,000, and you do not return to work before age 65; your case can easily be worth $250,000! This amount does not include the value of the Medicare or Medicaid insurance you will be eligible for after being found disabled. As many of you know, the price of medical insurance in middle age, with pre-existing medical conditions, can be staggering and not affordable. This of course assumes that an insurance company is willing to insure you.

4. Why you increase your odds of winning your case if you hire a Disability Attorney

There are many reasons hiring an attorney can significantly increase the odds of winning your case. One significant reason is that disability attorneys understand the complicated laws and regulations that determine success or failure. Two questions I always ask potential clients are, "Do you know what you need to prove in order to win your case?" and "If you do not know, how are you going to go about proving it?

You should hire an attorney who specializes in Social Security disability law. Furthermore, I believe it is important to hire an attorney who has expertise in representing people with your type of diagnosis. It is important that your attorney believes in your case and that they can win it. I suggest you ask the attorney how much experience they have with your type of diagnosis and how often do they win? Any disability attorney should be willing to provide you with this information.

5. What an Attorney should do to increase the odds of winning your case

From the beginning, the attorney should set forth a strategy that you both of you should follow to win your case. It is critical to understand what is necessary to prove your case and how you will go about winning it. The sooner you know this, the sooner you can take steps to execute the strategy and thereby increase your odds of winning. Thus, you should consult with and hire an attorney either when you file your claim or as soon thereafter as possible.

Based on my experience in representing clients nationwide (remember Social Security is federal law and not state specific); literally none of them had a strategy or plan on how to win their case before they hired me. This is important because most of them were simply "doing whatever SSA told them to do" while their claim was being processed. This included seeing SSA's doctors for an examination that often results in a denial of their claim.

It is important to understand that SSA is only obligated to investigate your case and is not charged with approving it. I am not suggesting that SSA denies every claim; I'm simply stating that my experience after having successfully represented many clients whose claims were previously denied by SSA because evidence was not obtained, not reviewed or SSA focused on what it wanted to in order to support a denial.

In conclusion, if you are contemplating filing a claim for SSA Disability benefits, I encourage you to consult with an attorney as soon as possible to help you understand the process. The consultation should not cost you anything except your time. By understanding the process and having a strategy, you will significantly increase your odds of winning your case.

Congressional and Social Security's statistics do not lie - it is penny wise and pound foolish not to hire a disability attorney.

[1] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable Robert T. Matsui of California, regarding the Attorney Fee Payment System Improvement Act 2001.

[2] November 16, 2001 CONGRESSIONAL RECORD, Testimony of Honorable E. Clay Shaw of Florida, regarding the Attorney Fee Payment System Improvement Act 2001.

Scott E. Davis is a social security and long-term disability insurance attorney in Phoenix, Arizona. Mr. Davis represents clients throughout the United States. Although Mr. Davis has experience representing clients with a broad spectrum of physical and/or psychological disorders, the majority of his social security disability practice is devoted to representing individuals with chronic pain and chronic fatigue disorders. In almost every case, a fee is charged only if his client obtains benefits. Mr. Davis invites your questions and inquiries regarding representation via telephone (602) 482-4300, or email: info@scottdavispc.com.

5 Critical errors often made for hiring a way & the Attorney to avoid these errors

Hiring an attorney having little experience

1. People often employ an attorney who has little or no experience in the field of practice in which they are seeking representation. A person who has used an attorney to manage an area of the law may not want to have this same lawyer to handle another area of law. Even if the last representation was excellent, the Attorney may be the wrong choice for a different facet of the law. The practice of law is now more and more specialized and are less numerous and less generalist who can manage multiple practice areas. If you choose a lawyer who concentrates in your particular area that you need help to keep you much greater chance of success. You can increase your chances of success even more if you find a lawyer who concentrates in your domain, but also has had a long record of experience in the particular field. There is no substitute for experience. It may take 3 to 5 years to become competent in a field of practice if the Attorney General is systematically committed in this area. For an attorney that only that one or two cases like yours, there probably never will become competent in this area.

Choose a solicitor only on prices

2 Individuals sometimes choose a solicitor solely on price. Don't let not price is the determining factor in the hiring of a lawyer. It should be one of the many factors, but never the only factor. This shopping mentality Prize could be a very critical error according to the law. A quality attorney can often wind up saving a client a large sum of money by knowing how to correctly handle a case. Save a little money in the initial hiring process can lead to large losses in the long term. The old adage that you get what you pay for is often true.

Now, it's not to say a cheaper Attorney is always less or a cheaper attorney will provide sub by representation. However, I would never hire the Attorney $99.00 simply because it is the least expensive. That counsel may be less experienced. That counsel may be able to lower price because it is less. It may not be ready to answer your questions or to attend the details necessary to make your case go smoothly. Beware of lawyers which announce a very low cost of introduction, and then add on additional services that other lawyers may include in their agreements of package. I would also not hire a lawyer who was an exorbitant amount so. We live in a capitalist society and some lawyers charge the Moon and the stars for their services. The most expensive attorney is not necessarily the best. I would be on the hiring of quality representation that leads to positive results. A respected Attorney would deliver this advantage for a reasonable fee and provide a written contract, describing its services in an understandable form contract.

Neglect to ask critical Questions

3 People ask critical questions at the stage of hiring about the ability of the Attorney of the experience, knowledge and success rate. Be prepared to ask direct questions to the Attorney of the prospective. After all, you are the consumer and you should have a clear picture of counsel that you recruit. The Attorney must be asked how many cases of this nature does it handle and what percentage of its practice is to this region? He personally supervising the case or simply delegate to an associate or legal assistant? It will be available for current issues, either in person or by phone? How many years the Attorney is involved in a particular area and what is its rate of success? It can provide all the names of satisfied customers? The Prosecutor takes legal education training in the specific field? He is a member of agencies, States or national that relate to the particular area? What is its reputation among his peers? He would be able to provide references? Has any published works on the subject or has he prepared material educational useful on the subject that you can consult? These are some of the issues that should be asked at the stage of the initial interview. Your legal situation is of great importance in your life. Take the time to ask the prospective Attorney some uncomfortable questions. The answers will be very telling. You know within minutes whether or not you are meeting with a qualified attorney for you.

Pay in return for lower Service

4. Insufficient for lower quality service. Lawyers are in the business of service. If they do not provide services excellent customer while they are not worth hiring. The client must have access of the Attorney General and to their personnel file information. Some lawyers of premium a high still provide a very poor service. Some lawyers of restricted access by limiting the times, the days and hours of file information that can be obtained. Make sure that you will be treated with respect at all times. And this means having your answers questions or telephone calls returned within a reasonable time. Make sure that the Attorney or law firm you hire values you as a customer and that you are not perceived as just another number. You will receive friendly treatment by the Attorney General and the staff? It is factors you should consider greatly when the choice of a lawyer. When you meet with an attorney for the first time in his Office, to assess counsel service factor and staff. It is a place where you would feel comfortable dealing with weeks or months? What is your gut say with what relates to the services provided?

Do not audit the Attorney of the situation and references

5 Step check status of the Attorney of the Commission of licenses and checking does so, with all references, if they were provided are the final critical error to avoid. You would like to know whether the Attorney you are interested in hiring is listed in rule? And if there had complaints against this Attorney for negligence or worse? It comes to issues which would certainly affect your hiring decision if you were aware of them. In addition, have you checked with one of the references provided? -What did you call each of the names provided to see if they would highly recommend the Attorney? At their cases even remotely similar or the same area of the law than yours? Ask them to notify you at least a weakness of the Attorney of the representation or at least one area that could use improvement. A small effort at the start of your case by way of research can make a difference in your choice of prosecutors in the world.

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