WHAT TO LOOK FOR IN AN ATTORNEY

by Joshua Potter, Esq. Attorney at Law
Pasadena, California

Many of my clients with FMS who seek social security disability tell me that I am the first attorney that they have ever retained. They further advise me that they did not know what to look for in an attorney and therefore hesitated for months before ultimately seeking my advice and counsel. For individuals who find that FMS disability claims will be the first time they have consulted with an attorney, I wish to offer the following observations and advice: "Attorneys don't bite!"

The complexities of disability proof based on FMS, requires, in my estimation, an attorney who has experience, interest and knowledge of FMS. Attorneys who do not know what FMS is, or how to present FMS claims may prove to be less effective than attorneys who are familiar with the disease and who possess a "road map" of how to present the claim before the Office of Hearing and Appeals. The attorney who believes that the most effective way to present an FMS case is through the somatoform disorder criteria published by social security may prove to be less effective than an attorney who wishes to argue that fibromyalgia is a discreet and overwhelming impairment. (Using somatoform disorders as one's defense in an FMS case implies that the condition is psychological.)

To locate an attorney and ultimately retain that individual, I would suggest word of mouth recommendations from other individuals with FMS, referrals through support groups, and finally, the National Organization of Social Security Claims Representatives (800-431-2804). Attorneys who are members of NOSSCR are committed to and interested in establishing social security disability.

Attorney's fees are uniformly held to the formula: twenty-five percent of back benefits with a ceiling of $4,000.00. This makes retaining an attorney one of the last bargains left in the field of law. Considering the low fee, contingent basis (no win, no fee) and statutory cap on fee agreement cases, there is no reason not to hire an attorney. The only costs which should be anticipated would be for photocopying medical records, paying a reporting fee to your physician (if required), and if you need to fly your attorney to the hearing office. Those costs are separate from the twenty-five percent or $4,000 fee and would be paid or advanced by the claimant.

I would urge anyone with FMS who is approaching the disability process to obtain an attorney well before the hearing. I would suggest that they contact and retain an attorney when initially denied by the Social Security Administration (in other words, right after your application has been turned down by the SSA and now you have 60 days to submit an appeal). This will allow an attorney ample time to assist with a request for reconsideration and provide valuable advice on medical development.

Mr. Potter is author of the article "Helping Fibromyalgia Patients Obtain Social Security Benefits", published in Journal of Musculoskeletal Medicine September 1992.

Fibromyalgia Network
April 1994