disability lawyer who do first time applications

Marc Whitehead & Associates want you to get the Social Security disability benefits you deserve. Marc Whitehead is a board certified Social Security attorney who has assisted disabled workers all over the U.S. after their initial claims for disability benefits were denied by the SSA.

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When should I hire a disability lawyer?

The question becomes, should you get a disability lawyer before you even file for disability, or before you receive an answer on your application for disability? And the answer, as we pointed out, is often no. However, there are cases in which early representation is a good option. And there are individuals who will clearly have an advantage in being represented from the very …

What happens when I first call a disability attorney?

Feb 09, 2022 · Your attorney or nonattorney advocate (or a staff member) will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time. When you first hire your Social Security disability attorney or advocate, you'll need to sign a medical privacy release that allows access to your medical records.

What can a Social Security disability lawyer do for You?

Nov 12, 2021 · A disability lawyer can help you evaluate if you have a strong case, or if there are areas for improvement before filing. If you’ve already filed your initial application, it’s not too late to speak with an attorney. With help from the disability lawyer, he or she may be able to help you speed up the process for disability benefits.

Is it too late to consult a disability lawyer?

Sep 29, 2020 · Marc Whitehead has been practicing law for over 27 years in Houston, focusing exclusively on disability law. His firm, Marc Whitehead & Associates files applications and appeals denials for Long-Term Disability insurance policies, Social Security Disability and Veterans Disability.

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 is the most an attorney can charge for disability?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

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.

How many months does SSDI back pay?

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. Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved.

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.

What medical conditions qualify for long term disability?

Some of the medical conditions that may qualify for long-term disability benefits include:Bipolar disorder.Cancer.Chronic fatigue syndrome.Crohn's disease.Degenerative disc disease.Fibromyalgia.HIV/AIDS.Lupus.More items...•Sep 20, 2021

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.Nov 19, 2017

Is Social Security getting a $200 raise per month?

Social Security checks with the COLA increase are set to go out in days, and some people can expect an increase worth hundreds. The COLA increase was 5.9% due to the inflation caused by COVID-19. The average increase for individuals will be around $92.Jan 9, 2022

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.

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.

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.

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 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 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 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 can a social security lawyer do?

A Social Security lawyer can represent you at all stages of the appeals process, from reconsideration to a hearing before an administrative law judge, to an appeals council review or federal court review.

What to do if your SSDI claim is denied?

If your claim for Social Security disability was denied the first time, our advice is to hire an experienced SSDI benefits attorney as soon as possible after you receive notice that your claim has been denied. They will be able to review your application and correct any errors or omissions that could cause your claim to be rejected the second time around. A Social Security lawyer can represent you at all stages of the appeals process, from reconsideration to a hearing before an administrative law judge, to an appeals council review or federal court review. It’s a fact that applicants who hire experienced disability attorneys to represent them have a much higher rate of success than those who don’t.

What is a reconsideration in SSA?

A reconsideration is a complete review of your claim by an SSA administrator who had no part in the original decision. They will look at all the evidence used to make the original decision, as well as any new evidence submitted. After reviewing the evidence carefully, the SSA will either approve your claim or let the earlier decision stand.

Who is Marc Whitehead?

Marc Whitehead is a board certified Social Security attorney who has assisted disabled workers all over the U.S. after their initial claims for disability benefits were denied by the SSA.

Who can answer questions about Social Security?

You have a right to representation during the appeal process, such as a board certified Social Security attorney. Your representative can answer any questions the SSA may have and submit the evidence required to support your claim.

Can you appeal a disability claim if it is denied?

Fortunately, the law gives you the right to appeal when your claim for Social Security disability is denied the first time around.

How long does it take to get disability in 2020?

October 14, 2020 by. sleepygirl. Artwork: Robin Mead. The typical disability application takes 2-3 years. However, there are many things you may be able to do to increase your chances of a fair decision a lot earlier in the process.

What is a soar program?

Most SOAR programs work with people who have a diagnosis of serious mental illness. SOAR is a special program just for disability applications. They do amazing work and help many people approved quickly. How to Get Help from SOAR.

Can a social worker help with disability?

Social Workers can help you fill out and submit the basic forms, but many Social Workers are not trained in techniques to improve disability case. However, there are special forms you can bring your Social Worker that can help: Social Worker Disability Assessment Forms. How to Get a Social Worker.

Do lawyers accept clients after they have been denied?

Some lawyers will not accept clients until after they have been denied. If you would like to hire a lawyer, there is no charge upfront: How To Find a Good Disability Lawyer . How To Apply For Disability Without a Lawyer.

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

What is the success rate of disability appeals?

You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

What is RFC in medical?

The RFC determines how much work you are capable of performing given the limitations of your condition. Your doctor is the one who fills out the RFC form, thus ensuring that the information provided is based entirely upon your medical history.

What is the most important thing to keep for Social Security?

The medical records kept by your primary care physicians are what will be most important in determining the success of your claim for Social Security Disability benefits. Because of this, it is very important that you discuss how your disability is impacting your work life with your physician.

What happens if you don't show up for a Social Security exam?

If you fail to provide the Social Security office with requested documentation or fail to show up to your scheduled medical exams, your claim will be denied. Because of this, it is important to remain in contact with the person handling your case and provide any and all documentation requested in a timely manner.

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

Does income matter when applying for SSDI?

Your income does not matter when applying for SSDI benefits. Some people who apply for SSI benefits can work part time and earn money during the process. However, If you are working and earning more than $940 per month when you apply for Social Security Disability, your claim could get denied. The Social Security Administration will only approve ...

What can a disability lawyer do?

Although disability lawyers work on a contingency fee basis and are only paid if you win, if you think you can win without a lawyer it would be a waste of money to hire one. The main consideration is whether or not you can effectively perform the tasks that disability lawyers generally do and win your case on your own.

Limitations of the disability lawyer

Whether or not you win your SSDI or SSI case can be based on many factors, many of which are not under the control of the disability lawyer. The disability lawyer cannot, therefore, guarantee any type of outcome.

In conclusion

Considering whether or not you will get an automatic approval by hiring a SSDI or SSI lawyer should be only one consideration before determining whether or not to hire one.

What is the ability of a judge to reach a more developed opinion of a claimant's case?

In fact, the judge's ability to reach a more developed opinion of a claimant's case is enhanced by the work that is done by a disability representative who may gather additional medical evidence from treatment sources, opinions from doctors, and additional information regarding a claimant's work history.

Do judges make their own decisions?

Basically, judges, unlike disability examiners, make their own decisions without the influence of supervisors, managers, and without the bureaucratic leanings of an entire agency (such as the north carolina DDS, or disability determination services).

Do disability claims make decisions?

They make decisions on claims but have to answer to enough individuals that, truly, their decisions are not really independent in any sense. They also make decisions in a way that does not involve the significant participation of the claimant or even the claimant's disability representative.