Legal Terms & Conditions

Terms of Service

Please read these terms of service carefully before engaging our legal services. These terms outline the conditions under which Disability Lawyers of Chesapeake provides representation and the rights and responsibilities of both our firm and our clients.


1. Service Agreement Overview

Disability Lawyers of Chesapeake ("the Firm") provides legal representation for individuals pursuing Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and long-term disability benefits. By engaging our services, you ("the Client") agree to the terms and conditions outlined in this document.

Scope of Representation

  • Initial Social Security Disability applications and reconsiderations
  • Administrative hearings before Social Security Administrative Law Judges
  • Appeals Council review of unfavorable hearing decisions
  • Long-term and short-term disability benefit claims under ERISA and private policies
  • Coordination of medical evidence and communication with healthcare providers

The Firm does not represent clients in federal court litigation, civil rights matters, or other areas of law outside disability benefits representation. If your case requires representation beyond our scope, we will advise you accordingly.

2. Attorney's Fees and Costs

Contingency Fee Arrangement (Social Security Cases)

  • No Upfront Fees: You will not pay any attorney's fees unless and until we successfully obtain benefits for you.
  • Fee Cap: For Social Security Disability cases, attorney's fees are limited by federal regulation to 25% of past-due benefits (back pay) or $7,200, whichever is less. This cap is set by the Social Security Administration and cannot be exceeded.
  • Fee Approval: Any fee arrangement must be approved by the Social Security Administration before payment is collected.
  • No Fee on Ongoing Benefits: Attorney's fees apply only to past-due benefits. Ongoing monthly benefits you receive are not subject to attorney's fees.

Case Costs and Expenses

  • Reimbursable Costs: Out-of-pocket costs incurred during representation (such as medical record requests, expert report fees, hearing transcripts, or filing fees) may be reimbursable from past-due benefits at cost, separate from attorney's fees.
  • Cost Discussion: We will discuss anticipated costs with you and obtain your consent before incurring significant expenses.
  • Long-Term Disability Cases: Fee arrangements for private disability insurance claims are negotiated separately and will be detailed in a separate fee agreement.

3. Client Responsibilities

Your Obligations as a Client

  • 1. Provide Complete Information: You agree to provide accurate, complete, and truthful information regarding your medical history, work background, and current circumstances. Any misrepresentation may result in termination of representation and loss of benefits.
  • 2. Cooperate with Medical Providers: You agree to authorize the release of medical records, cooperate with medical examinations, and maintain ongoing treatment with your healthcare providers as medically appropriate.
  • 3. Timely Communication: You agree to respond promptly to communications from our office, provide requested documents, and notify us of any changes in your medical condition, work status, or contact information.
  • 4. Hearing Attendance: If your case proceeds to a hearing, you agree to attend all scheduled hearings unless you have a documented medical emergency or have received prior written approval from our office to appear by video or phone.
  • 5. Honesty and Candor: You agree to be truthful in all communications with our office, Social Security, disability insurers, and any medical or vocational experts. False statements may constitute fraud and result in criminal penalties.
  • 6. Compliance with Court Orders: You agree to comply with all court orders, Social Security directives, and administrative decisions, and to notify our office immediately of any such orders.

4. Limitation of Liability

Important Disclaimers

  • No Guarantee of Outcome: While the Firm will represent your interests diligently, we cannot guarantee any particular outcome. Social Security Disability decisions are made by the Social Security Administration, and disability insurance decisions are made by insurance carriers or their administrators. Approval depends on the strength of medical evidence, your testimony, and the judgment of decision-makers.
  • Timelines Are Variable: Processing timelines for disability claims are subject to administrative backlogs and cannot be predicted with certainty. The Firm will work to move your case forward efficiently but cannot control government or insurance company processing times.
  • Medical Evidence Limitations: The strength of your case depends heavily on the quality and completeness of medical evidence available. If your treating providers do not document your functional limitations adequately, it may impact the likelihood of approval regardless of the Firm's efforts.
  • No Liability for Government Decisions: The Firm is not liable for decisions made by the Social Security Administration, Administrative Law Judges, Appeals Councils, or insurance carriers. These are independent decisions made by third parties based on the evidence presented.
  • Client Conduct: The Firm is not responsible for adverse outcomes resulting from client misconduct, misrepresentation, failure to cooperate, or violation of these terms of service.

5. Dispute Resolution and Complaints

Resolution Process

If you have concerns about the services provided by Disability Lawyers of Chesapeake, we encourage you to address them promptly:

  1. 1. Direct Communication: Contact the attorney handling your case directly to discuss your concerns. Many issues can be resolved through open dialogue.
  2. 2. Firm Management: If direct communication does not resolve the matter, submit a written complaint to the Firm's management for review and response.
  3. 3. Virginia State Bar: Complaints regarding attorney conduct may be filed with the Virginia State Bar, which maintains disciplinary procedures for licensed attorneys.

Virginia State Bar Disciplinary System: Virginia State Bar, Disciplinary System, 707 E. Main Street, Suite 1500, Richmond, VA 23219 | Phone: (804) 775-0500

Governing Law and Jurisdiction

These terms of service are governed by the laws of the Commonwealth of Virginia. Any legal action or proceeding arising out of or relating to these terms shall be brought exclusively in the state or federal courts located in Chesapeake, Virginia, and you hereby consent to the jurisdiction and venue of such courts.

6. Intellectual Property Rights

Work Product and Confidentiality

  • Attorney Work Product: All documents, strategies, legal analysis, and work product created by the Firm in connection with your case are the intellectual property of the Firm, subject to attorney-client privilege and work product protection.
  • Client Documents: Documents provided to the Firm by you remain your property, but the Firm retains the right to use them in the course of representation and to retain copies for file purposes.
  • Confidentiality: All information provided to the Firm is confidential and protected by attorney-client privilege. The Firm will not disclose confidential information except as required by law or court order, or with your written consent.
  • Use of Case Information: The Firm may use anonymized or de-identified information from your case for educational, training, or quality improvement purposes, but will not disclose identifying information without your consent.

7. Termination of Representation

Grounds for Termination

The Firm may terminate representation for the following reasons:

  • Client requests termination in writing
  • Client engages another attorney to represent them in the same matter
  • Client fails to cooperate with representation or violates these terms of service
  • Client makes material misrepresentations or provides false information
  • Continued representation becomes impossible or impracticable
  • A conflict of interest arises that prevents continued representation
  • The Firm determines that the client's case does not fall within our scope of practice

Upon Termination

  • File Transfer: Upon termination, the Firm will transfer your case file to you or to your new attorney upon receipt of a written authorization signed by you.
  • Outstanding Fees: Any contingency fees owed to the Firm for work completed prior to termination will be calculated and collected from past-due benefits in accordance with these terms and applicable law.
  • Case Status: The Firm will cooperate reasonably with your transition to new counsel but is not obligated to continue work on your case after termination.

8. Confidentiality and Privacy

Protection of Your Information

  • Attorney-Client Privilege: Communications between you and the Firm are protected by attorney-client privilege and are confidential. This privilege belongs to you and protects your information from disclosure.
  • HIPAA Compliance: The Firm complies with the Health Insurance Portability and Accountability Act (HIPAA) and maintains reasonable safeguards for protected health information.
  • Data Security: The Firm implements reasonable security measures to protect your personal and medical information from unauthorized access, alteration, or destruction.
  • Disclosure Requirements: Notwithstanding confidentiality protections, the Firm may be required to disclose information in response to valid court orders, subpoenas, or as required by law or professional ethics rules.
  • Privacy Policy: For additional information regarding how the Firm collects, uses, and protects your information, please review our Privacy Policy.

9. Miscellaneous Provisions

Entire Agreement

These terms of service, together with any fee agreement, representation agreement, and privacy policy, constitute the entire agreement between you and the Firm regarding the provision of legal services. Any prior negotiations, representations, or agreements not contained herein are superseded by these terms.

Amendments

The Firm reserves the right to amend these terms of service at any time. Changes will be effective upon posting to the Firm's website. Your continued engagement with the Firm after any amendment constitutes your acceptance of the amended terms.

Severability

If any provision of these terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

Waiver

No waiver of any provision of these terms shall be effective unless in writing and signed by the Firm. The failure of the Firm to enforce any provision shall not constitute a waiver of that provision or any other provision.

Assignment

You may not assign your rights or delegate your obligations under these terms without the prior written consent of the Firm. The Firm may assign its rights or delegate its obligations under these terms to another attorney or law firm with your consent.

10. Contact Information for Legal Inquiries

If you have questions about these terms of service, complaints about our legal services, or other legal inquiries, please contact us using the information below:

Mailing Address

Disability Lawyers of Chesapeake
Chesapeake, Virginia 23321
USA

Response Time: We typically respond to inquiries within 2-3 business days. For urgent matters, please call our office directly.

Questions About Our Services?

Ready to Discuss Your Disability Claim

If you have questions about these terms or would like to learn more about how we can help with your disability claim, contact us today for a free consultation.

Schedule Your Free Consultation

No fee unless we win. Serving Chesapeake, Virginia.