after my lawyer submit my medical documents to social security what happens next

Can medical records affect my Social Security disability case?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What happens if you don't go to a social security medical exam?

The exams are usually very short. If you are asked to see the “Social Security doctors”, don’t stress out about it. This is just part of processing your claim. Make sure you make it to your appointment; not going to a social security medical exam can result in a case denial for failure to cooperate.

What kind of questions will my attorney ask about my medical records?

For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement.

Will my doctor’s opinion affect my Social Security disability claim?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.

How long does it take Social Security to process the medical portion?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

What does it mean when Social Security says a medical decision has been made and we are working to process your benefit application?

Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.

What does it mean when Social Security says a medical decision has been made?

It means you were approved. The non-medical is just an SSI financial review. For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

How will I know if my Social Security Disability is approved?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

How long after I receive my award letter will I get my money?

Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

Is disability back pay paid in a lump sum?

Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved. If a lawyer or other professional advocate represented you in your disability case, the SSA will pay their fee out of your back pay.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

How Do Medical Records Impact Your Application?

In general, it is your responsibility to prove to the SSA that you are disabled. This responsibility is satisfied primarily by providing evidence of your disability in the form of medical records. For purposes of the SSA, “evidence” is anything you submit that relates to your claim for benefits.

What Medical Records Should You Include?

You should provide the SSA any and all evidence of your complete medical history. Complete medical history means any records, reports, labs, progress notes, or similar documents that pertain to the ailments you have alleged in your application.

What Happens If You Cannot Obtain All Necessary Medical Records?

The SSA has an obligation to reasonably assist you when medical records aren’t easily obtainable. If you find yourself lacking access to your medical records, you must document this fact on SSA Form SSA-5002 and submit it to them.

Do You Need Legal Advice from an Experienced Social Security Attorney?

It can be a challenge to navigate the SSA rules and regulations, but you don’t have to go at it alone. When dealing with such circumstances, it is to your advantage to seek legal advice from a skilled social security attorney. With such an advocate in your corner, you will push toward a positive outcome for your legal case.

How to Submit New Evidence After Applying For Benefits

If you need to submit new medical evidence after applying for benefits, the process will vary depending on whether or not your claim has already been assigned to a disability examiner. If your claim has not been assigned to an examiner yet, new medical evidence can be submitted directly to a local SSA office either by mail or in-person.

How to Submit New Evidence After Being Denied Benefits

You have the right to file an appeal if your claim has been denied. If your medical condition has changed since your initial application, make sure you send new medical documentation to the SSA when you submit your appeal forms. This ensures that the SSA has the updated information that they need to review your appeal.

How to Submit New Evidence After Being Approved For Benefits

You are still required to notify the SSA when your condition changes even if you have already been approved for disability benefits. This is true regardless of whether your condition is getting better or worse.

How long before hearing to submit medical evidence?

Make sure that any new or updated medical evidence you want considered has been submitted at least 5 business days before the date of the hearing by either you or your representative (the earlier the better). It may result in an early favorable decision for you, eliminating the need for a hearing.

How soon can you submit additional evidence to the Administrative Law Judge?

If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can, but no later than five business days before the hearing date. At the hearing:

How long do you have to appeal an ALJ decision?

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. In counting the 60 days, we presume that you receive the notice five days after we mail it unless you can show that you received it later. If you do not file an appeal timely, the ALJ may dismiss your appeal.

What is the next step in the appeals process?

The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ). You or your representative may request a hearing by an Administrative Law Judge.

What happens after a hearing in the US Supreme Court?

After the hearing: The Administrative Law Judge issues a written decision after studying all the evidence. The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order .

Can I have a hearing in one location?

However, your hearing may be farther away so more hearings can be held in one location. If travel arrangements will present a problem for you, tell the Social Security office when you request a hearing or as soon as possible after that.

Can you attend a scheduled hearing?

It is very important that you attend a scheduled hearing. If for any reason you cannot attend, contact the Administrative Law Judge as soon as possible before the hearing and state the reason. The Administrative Law Judge will reschedule the hearing if you have provided a good reason.

What does an attorney do with medical records?

Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

Is Social Security giving more weight to doctors?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

Can you be denied a Social Security medical exam?

Make sure you make it to your appointment; not going to a social security medical exam can result in a case denial for failure to cooperate. Medical records are the best evidence of your disability.

Can a doctor read past medical records?

The doctor is usually provided with your past medical records but may not take the time to read over your medical history. The exams are usually very short. If you are asked to see the “Social Security doctors”, don’t stress out about it. This is just part of processing your claim.

Does the DDS examiner have to meet you face to face?

It’s important to remember that the DDS examiner, who is making the determination of your disability, has never met you face to face. The only information that the examiner has to help him/her make a decision is your application and your medical records.

How long does it take to get a Social Security exam report?

The Social Security Administration makes it clear to the consulting doctors who conduct the medical exams for Social Security that the doctor's examination report should be sent to DDS within 10 business days from the date of the exam. This means basically two weeks.

What happens if you call the DDS after a disability exam?

If you call the DDS (Disability Determination Services) after your exam, you might get the answer that the claims examiner is simply waiting on the results ...

What happens after a consultative exam?

After attending a consultative exam per the request of a disability claims examiner, most disability claimants are eager for an answer on whether they will be granted disability benefits.

Why is disability not investigated?

The disability examiner or the supervisor may discover, late in the process, that the a particular condition was not investigated, because it hadn't been discovered in the previously gathered medical evidence. This can cause delays.