can a lawyer file for your income to be frozen when applying for disability

by Fermin Hartmann 6 min read

Do I qualify for a Disability Freeze?

Oct 29, 2021 · You must contact Social Security if you want to file for a freeze. If you're blind and applying for SSI benefits, there are certain types of expenses that you can exclude from your earned income, including: the cost and upkeep for a service animal transportation to and from work meals eaten during work hours, and medical or non-medical equipment.

Can a lawyer take my Social Security disability backpay?

To qualify for a disability freeze, you must: have insured status for SSDI (based on your work history) file for disability with the SSA while you are disabled within 12 months of when your disability ends, and be disabled or blind (as defined by the SSA). Can I Get a Disability Freeze Even if I Don't Get Disability Payments?

Do I need a lawyer to file a disability claim?

If you are debating whether or not to hire a disability lawyer it is important to understand not only the costs of hiring an attorney, but what they will be able to do for your case. Although a disability lawyer cannot help expedite your SSDI application through the Social Security Disability process, they can give you a greater chance at winning at every stage in the process. Recently on our …

Do Legal Aid attorneys get paid for Social Security disability cases?

If you file in-person at a social security office, or start the process with a phone call to a local office (you can also arrange to have the disability interview conducted over the phone if you have mobility or transportation issues), you do not need to be concerned as to which disability program you need to file in, because the claims representative, or CR, at the social security office will …

What is disability freeze?

A disability freeze stops Social Security from counting your income during the years in which a medical condition restricts your ability to work. Those years are not included in your benefit calculation, so you won't be penalized for a period when you are unable to work.

What is Social Security freeze?

The Disability Freeze For entitlement to regular Social Security retirement or survivors benefits a worker needs a minimum number of years of covered employment. In addition, the benefit amount is computed based on the average indexed earnings of the worker over his/her working lifetime.

What is a DIB freeze?

A period of disability for a worker is therefore often referred to as a “disability freeze.” Insured status is frozen to protect future rights and benefits. When an onset is established several years in the past, it is the DIB freeze that preserves insured status and allows payment to start based on a recent claim.Jan 18, 2022

How do you prove disability income?

The Benefit Verification letter, sometimes called a "budget letter," a "benefits letter," a "proof of income letter," or a "proof of award letter," serves as proof of your retirement, disability, Supplemental Security Income (SSI), or Medicare benefits.

How do I apply for disability freeze?

To qualify for a disability freeze, you must:have insured status for SSDI (based on your work history)file for disability with the SSA while you are disabled within 12 months of when your disability ends, and.be disabled or blind (as defined by the SSA).

Can I pause SSDI?

To voluntarily suspend your benefits, you will need to submit a signed statement to Social Security. A Benefits Counselor can help you with this process, or you can contact your Social Security Field Office directly.May 2, 2019

How long is the waiting period for Social Security disability?

a five monthSocial Security Disability Insurance (SSDI) benefits have a five month waiting period, which means that benefit payments will not begin before the sixth full month of disability. The SSDI waiting period begins the first full month after the date we decide your disability began.

What conditions qualify for disability?

Physical Disability. Locomotor Disability. Leprosy Cured Person. Cerebral Palsy. ... Intellectual Disability. Specific Learning Disabilities. Autism Spectrum Disorder.Mental Behaviour (Mental Illness)Disability caused due to- Chronic Neurological Conditions such as- Multiple Sclerosis. Parkinson's Disease. ... Multiple Disabilities.Feb 23, 2022

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

Medical Evidence Required When Applying For Disability Based on Vision Loss

First, Social Security requires a physical examination by an ophthalmologist or optometrist to measure your central visual acuity (how clearly you...

Official Social Security Listing For Low Vision Or Partial Blindness

The SSA's "blue book" of impairment listings states the requirements for automatically being granted disability benefits for vision loss. There are...

Vision Loss Affecting Your Functional Capacity

If you don’t qualify for disability benefits under Social Security's requirements for poor visual acuity, decrease in visual fields (peripheral vis...

Starting A Disability Claim For Vision Loss

If you don’t know whether you are eligible for Social Security disability insurance (SSDI, where you must have paid enough taxes into Social Securi...

Special Rules For Blind Applicants

The SSA has several rules that apply to legally or totally blind applicants but don't apply to nonblind disabled applicants. For instance: 1. In so...

How long do you have to be disabled to freeze your SSDI?

To qualify for a disability freeze, you must: have insured status for SSDI (based on your work history) file for disability with the SSA while you are disabled within 12 months of when your disability ends, and. be disabled or blind (as defined by the SSA).

What is a disability freeze?

Also called a period of disability, the disability freeze "freezes" an individual's insured status and, in turn, preserves the individual's eligibility for future retirement and disability benefits.

Can you freeze disability benefits for blind people?

This may result in higher disability payments for you and your family. A freeze for individuals not receiving monthly disability benefits is only available for: statutorily blind individuals who are still able to work. people whose eligibility for a disability freeze is based on earnings as a railroad worker or as military personnel ...

Can you freeze your disability if you don't receive it?

Some people who aren't receiving monthly disability payments may still qualify for a disability freeze. If you do apply for disability benefits later, the SSA will take your period of disability into account when calculating your benefit amounts. This may result in higher disability payments for you and your family.

Can I apply for SSDI at 62?

If you are approaching the age of 62 and are disabled, you may be considering taking early retirement instead of applying for SSDI. However, if you are approved for SSDI (which is easier to get for older claimants), you can apply for a disability freeze, which will limit the affects of any low earning years, or years that you didn't work, ...

Does SSDI freeze your benefits?

For disability applicants who apply for Social Security Disability Insurance (SSDI, as opposed to SSI), this can reduce your disability or retirement benefits or even make you ineligible for benefits. To decrease the impact of these low earnings years, the Social Security Administration (SSA) created the "disability freeze.".

Who wrote "People who are unable to work due to disability invariably suffer gaps in their employment history"?

By Melissa Linebaugh, Contributing Author. People who are unable to work due to disability invariably suffer gaps in their employment history, or times when they made less money due to their medical condition.

Benefits of hiring a lawyer prior to filing your SSDI application

Many disability lawyers will not file the SSDI application for you. In fact, it is generally up to you to contact the SSA and the complete the process. A disability lawyer can, however, offer you legal advice about how to improve your chances of winning benefits.

When should I NOT hire a lawyer for your SSDI application?

Not all claimants will need to hire a lawyer before or after they submit a SSDI application. If you have a condition and corresponding symptoms which definitely meet or equal a listing or a condition on the Compassionate Allowance list, assuming you meet all of the nonmedical requirements for SSDI, you will not need legal help.

Do I need to hire a lawyer if SSDI application is denied?

Claimants who hire disability lawyers generally do so right after they have been denied SSDI benefits the first time. If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.

How to file a disability claim if you can't work?

The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

What happens if you are denied a disability?

When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.

What does an attorney do during a subpoena hearing?

If so, your lawyer will handle the process of subpoenaing witnesses to testify on your behalf during the hearing.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

What to do if your medical claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

Can you work while on trial?

While doing a trial work period, you are allowed to work and earn money that exceeds the SGA amount and still collect benefits. If you have been denied disability, talk with an experienced disability attorney who can help you with your case.

Can I work while on disability?

Can I Work While Applying For Disability? YES! The Social Security Administration (SSA) will allow you to work while you are applying for, or receiving disability benefits as long as your monthly earned income does not exceed the SGA limit.

What is an unsuccessful work attempt for Social Security?

If you worked at a job for less than six months and had to quit because of your medical condition, Social Security might consider this an "unsuccessful work attempt" (UWA) rather than substantial gainful activity that would keep you from getting benefits.

How long do you have to quit work to get disability?

Your disability has to either be expected to last 12 months or to have already lasted 12 months. However, some disability lawyers do advocate waiting to apply for benefits for at least a few months after quitting. For more information, see our article on when to apply for Social Security disability.

How long do you have to wait to get disability after quitting?

However, some disability lawyers do advocate waiting to apply for benefits for at least a few months after quitting. For more information, see our article on when to apply for Social Security disability.

How many hours can you work on Social Security?

But when Social Security sees that you are able to work 25 hours per week, the agency will take this into account to determine if you are disabled (unless you have a medical condition that automatically qualifies for disability benefits, such as statutory blindness, esophageal cancer, ALS, or an organ transplant).

Can I work and get disability?

You can't be doing a substantial amount of work and get Social Security disability. If you are earning more than $1,310 (as of 2021) per month, then yes, you'll have to quit your job, or work fewer hours, to be considered for disability benefits.

Can I get Social Security if I make less than SGA?

Making Less Than SGA. Social Security will generally not deny you because you are working if you are making less than the SGA amount. However, if you are able to work a significant amount of time, even if you are earning less than the SGA amount, Social Security will take this into account further on in the evaluation process when deciding ...

Can I get SSI if I make more than the SGA?

Making More Than the SGA Limit. If you earn more than the SGA, you will not receive any Social Security disability benefits under the SSDI or SSI program (unless you are legally blind and applying only for SSI).

When did Social Security stop paying for legal aid?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case.

Can a lawyer collect disability backpay?

However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.

Can I get an attorney for my disability?

Applicants for Social Security disability (or SSI disability) are very unlikely to find an attorney to represent them for free, even at legal aid offices. This is because attorneys who help disability claimants work on a contingency basis, meaning that they only get paid for their work if they win your case. In addition, fees paid ...

Can SSI claimants get a lawyer?

This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases.

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

What to do if your doctor says you should not apply for disability?

If your doctor says that he doesn't believe you should be applying for disability, reconsider whether or not you really could perform some type of employment.

What to do if you can't work?

If you genuinely feel that you cannot work, you should try to find another doctor, one more supportive of you and your difficulties. Regardless of whether or not you are ever approved for disability, it is always best to have a doctor that you can talk to about your symptoms freely.

Can I apply for disability while working full time?

Absences pile up and your employer starts losing patience. You know that you can't keep going much longer and that you need to plan for a future where you cannot work. However, you should not apply for SSI or SSDI while you're still working full time. Social Security will deny your application without even looking at your medical condition.

Can I get SSDI if I haven't worked for a year?

And if you haven't worked in several years, you can actually lose your insured status for SSDI. If you believe you will not be returning to work for at least a year, go ahead and apply for disability sooner rather than later. Talk to a Disability Lawyer.

Can I get disability without a medical record?

You cannot receive disability benefits without some sort of medical record documenting your condition . It is best to have a concrete diagnosis before you apply for disability. A general "I just don't feel well" or "my lower back hurts all the time" will not get you very far. If you really are feeling so sick that you cannot keep working, you should be seeking medical treatment anyway, because there may be a treatment that would allow you to keep working.

Is it bad to apply for disability too early?

But applying too early is counterproductive, because you may not have the evidence to meet the definition of disability. In order to qualify for Social Security disability benefits, you need to have a medical condition that is expected to last twelve months or longer and that results in an inability to work eight hours a day, five days a week.

Can you get disability for lupus?

In those cases, it can be difficult to get disability benefits, but at least you still have medical records that document your symptoms and show any testing and treatments that you've tried.