disability claim when should i hire a lawyer

What are the chances of getting approved for disability?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

What states are hardest to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

Is disability back pay paid in a lump sum?

Back pay is received as a lump sum, while future benefits are paid monthly. Since 2011, the SSA has required that all disability recipients have a bank account to receive payments via direct deposit. When you are approved for benefits, you'll receive an award letter that lists: The amount of your monthly deposit.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

What is the most approved disability?

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.Dec 16, 2021

How far does disability back pay?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

How long till I get my disability check?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

How long does it take to get a decision on disability?

three to four monthsThe average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months. Reconsideration. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision.

How long do you have to wait to get a disability hearing?

And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

What to do if denied Social Security disability?

If you're denied at the application level, it becomes more important to hire a lawyer. Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.

Can a claimant file a lawsuit without an attorney?

Without an attorney, it's difficult for a claimant to do this successfully. In addition, your lawyer will likely be familiar with how the particular judge likes to run hearings, and will be able to present evidence according to what the judge likes—and does not like—to hear.

Does disability affect Social Security?

While the severity of your disability doesn't affect the amount of money you get, the date that Social Security thinks you became disabled does matter.

What is the benefit of hiring a disability lawyer?

First and foremost, an attorney will serve as your advocate. Bound by professional rules and ethical obligations, your lawyer will handle your case carefully. Further, working with the SSA can be like speaking another language.

What do disability attorneys know?

Disability attorneys know the dos and don’ts of disability claims. They know what should and should not be done to get your claim on the right track. The Blue Book, which is the medical guide used by the SSA, is difficult to read and everything is written using technical content.

How much back pay can an attorney get?

The SSA indicates that the lawyer cannot charge more than 25 percent of your back pay, but that figure is capped at $6,000. So, if you were awarded $38,000 in backpay, your attorney will not be paid more than $6,000 per SSA guidelines.

What does contingency mean for disability?

Disability lawyers take claims on a contingency basis, which means that your lawyer doesn't require a payment for his or her services until you are awarded disability benefits. When you are awarded benefits, the SSA has laws that indicate how much the lawyer can charge.

What can an attorney do for a disability hearing?

In addition to helping you understand what medical information is needed, your attorney can assist you in collecting and presenting the relevant medical documentation . If your case does need to be appealed at a disability hearing, your lawyer can prepare you for that meeting, helping you to feel at ease and to know exactly what to expect.

What to do if you have been denied SSDI?

If you have already been denied, however, it is still a good idea to consider legal representation . From your first appeal to a disability hearing, a Disability lawyer or advocate is likely to be a valuable asset at any point in the SSDI application process.

Why are disability claims denied?

For example, the majority of disability claims are initially denied, often due to the applicant’s inability to provide sufficient medical evidence. Additionally, there are specific deadlines that must be met throughout the application process.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

Can I hire an attorney for disability?

Disability applicants who hire an attorney or advocate to handle their Social Security disability (SSDI) or Supplemental Security Income (SSI) disability claim are more likely to be approved than those who don't. The reasons for this are many, and knowing them may help you decide if hiring a legal representative is the right choice for you.

Why are disability attorneys more likely to win?

Attorneys with disability claim experience are more likely to win because they have the skills needed to win a case or an appeal. They have learned how to work through the entire disability claim process correctly to avoid difficulties or bumps in the road.

Why don't doctors help with disability?

Many times doctors do not want to help disability applicants because they are not sure how the disability process works, or they don’t want to help, or they might be too busy to fill out forms.

Can disability claims be denied?

With so many disability claims being denied, it’s no surprise that filing disability claims can be challenging. Lawyers handling these types of claims are more likely to have claims approved than someone filing on their own.

Should I hire a lawyer for disability?

Now that you know more about the benefits of hiring a lawyer for disability claims, you can make an informed decision about whether you need one or not. Chances are that having a lawyer in your corner will help you in more ways than one, especially when you are not familiar with the disability laws or are not sure how to navigate the court system.

What is disability attorney?

A disability attorney can alert you to the tricks and traps commonly used by insurers to deny benefits.

How long does it take to appeal a denial of a LTD?

Both group and individual LTD policies contain strict timelines, often 180 days, to appeal a denial, so don't delay.

Can you file a long term disability claim with employer?

Filing a long-term disability claim, especially when you have employer-provided group coverage , is a process fraught with danger for the unrepresented disability applicant. A single missed deadline, improperly completed form, or wrongly uttered word to a claims adjuster can place your long-term disability benefits in jeopardy.

Is it too early to hire an attorney for disability?

It's never too early to hire an attorney to represent you in your disability case. As soon as you become unable to work, contact an LTD attorney to discuss how you should proceed. An attorney will generally give you a free consultation or case evaluation over the phone or in person, so there's nothing to lose.

Can you ask a vocational expert to testify?

Depending on whether you have an "own occupation" or "any occupation" disability policy, your attorney may ask a vocational expert to testify about the requirements of your position or the overall labor market. It is rarely a good idea to rely on the testimony of supposedly "independent" vocational experts hired by your LTD carrier.

Can you put new evidence in an ERISA lawsuit?

One provision that frequently catches applicants by surprise is that, in a lawsuit against your insurer, you're generally prohibited from introducing new evidence . The federal judge, with very limited exceptions, decides your case based on what's in the administrative record (your claims file with the insurance company). Thus, an experienced ERISA lawyer will try to "stack the administrative record" with medical, vocational, and other favorable evidence before you exhaust your internal appeals--that is, your appeals within the insurance company. (Learn more about the LTD appeal process here .)

Why do long term disability insurance companies have a vested interest in the outcome of LTD claims?

Long-term disability insurers have a vested interest in the outcome of LTD claims, because the more disability claims they approve and pay out, the less financially healthy their bottom line is. And the fewer long-term disability cases they approve, the greater their profit margins will be. Here's why it makes sense to hire a long-term disability ...

Can you win disability if you don't know your insurance?

LTD insurers count on the fact that you probably won't know their rules and procedures and, as a consequence, will have a more limited chance of fighting to win your disability benefits, despite the fact that you or your employer have dutifully paid the premiums for your disability benefits.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

What happens if a disability case goes to a hearing?

If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

Why is the Social Security system receiving more claims than ever before?

This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.

Do people benefit from filing a claim?

Answer: some individuals will clearly benefit from doing so, especially if the thought of filing a claim makes them anxious to the point that they would not get the process started. There are other examples of this type of anxiety at work.

Why hire a disability lawyer?

One of the benefits of hiring a Disability lawyer is not having to worry about schedules or filing deadlines. A lawyer will handle whatever comes down the pike and keep you up to date.

What to do if your disability is denied?

If your claim gets denied, a seasoned attorney can identify the problem and work to overcome it.

What is McDonald's Disability?

Hiring a Disability lawyer at McDonald Law Firm means you will get aggressive, legal representation from the word go. Because the Disability process can take a long time, our team won’t waste any time getting started on your claim. Regardless of whether you want to apply for the first time or appeal a denied claim, we can help you. Our goal is to get you the maximum amount of benefits as quickly as possible. Call us today at 855-702-9061.

How many pages are needed to file for disability?

Skip the painstaking paperwork. To apply for Disability benefits, you will be required to submit about 40 pages of forms filled with information about your medical condition, education, work history, limitations and capabilities.

Is Social Security Disability a complex system?

Social Security Disability is a complex system of medical terms, legal jargon, strict criteria and hard deadlines. It’s no wonder people are intimidated by the process. Many take one look at all the forms to fill out and throw in the towel. Others attempt to tackle it alone, and get a rude awakening when a rejection letter arrives in the mail.

Is the Social Security disability system backlogged?

By hiring a Disability lawyer, you will not have to wait in long lines at your local Social Security office or get stuck on hold waiting to talk to a government worker . In fact, you may never have to leave your home or deal with the federal government at all.