how can i find a lawyer for a disability claim

by Cloyd Adams 3 min read

There are many ways in which you can go about finding a lawyer or advocate to handle your disability case, including: Ask a lawyer. If you have an existing relationship with a lawyer, you can ask that lawyer for a reference to another attorney who has experience with Social Security disability law.

Full Answer

When should I contact a disability lawyer?

  • Answer your questions and address your concerns regarding your case;
  • Assist you with completing and filing the initial disability claim application;
  • Develop the best theory of disability and advocate your disability case;
  • Help you get medical records or other important information to support your claim;

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When to hire a disability lawyer?

Why You Should Hire a Disability Lawyer

  • Avoid the Lines. When you hire a disability lawyer, they handle filing all the paperwork for you. ...
  • The Paperwork. You must fill out forms to file for disability. ...
  • Confusing Language. There are rules and regulations about disability claims. ...
  • Deadlines. There are timeframes in which you must submit documentation. ...

How do I become a disability lawyer?

This is a four-part exam, which includes the following sections:

  • Reading comprehension
  • Logical reasoning
  • Analytical reasoning
  • Writing sample

Should I hire a disability lawyer?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that, everything else being equal, Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.

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What do I do if my Social Security claim is denied?

If we recently denied your claim for retirement, disability benefits, Supplemental Security Income (SSI), or a nonmedical related issue, you can appeal our decision. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: Reconsideration.

What is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

How do you qualify for disability in KY?

To be considered disabled, you must have a medical condition that falls under Social Security's disability definition. You must also be unable to work for at least one year, or your condition is expected to end in death.

How can I get help with Social Security benefits?

You can call our National 800 Number at 1-800-772-1213 between 8:00 a.m. – 7:00 p.m., Monday through Friday.

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.

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 long does it take to get approved for disability in Kentucky?

If your disability claim is at the initial claim level, otherwise known as the disability application level, you are probably looking at about 90-120 days before you get your decision.

How much does disability pay in KY?

Approximately 950,000 Kentucky residents receive some form of Social Security benefits. The average monthly benefits that a disabled worker in Kentucky receives are $805 for a single person and $1,200 for a disabled worker who is married and has 1 or 2 children.

Is it hard to get disability in Kentucky?

How hard will it be to get disability? It can be fairly difficult to win and get disability benefits in Kentucky or any state. The process is equally hard regardless of state because SSDI and SSI are federal programs.

How much does SSDI pay in 2021?

$3,148 per monthWhile SSDI is valuable to many, applicants need to carefully consider the program before applying. The maximum disability you can receive in 2021 is $3,148 per month. However, the average recipient will likely receive an amount of around $1,277 per month.

What is the maximum Social Security benefit?

The most an individual who files a claim for Social Security retirement benefits in 2022 can receive per month is: $2,364 for someone who files at 62. $3,345 for someone who files at full retirement age (66 and 2 months for people born in 1955, 66 and 4 months for people born in 1956).

What are the 3 main types of Social Security benefits?

Social Security Benefits: Retirement, Disability, Dependents, and Survivors (OASDI)

What Should I Look for in a Disability Lawyer?

The first thing you should consider when hiring a disability lawyer is whether the lawyer is qualified in dealing with your type of disability issue. Beyond that, you should consider whether the lawyer is in good standing and is a professional when dealing with your case.

Where Can I Find a Disability Lawyer?

The internet has made it easier to find service providers, like attorneys. The disability legal practice is quite broad so there are likely to be listings of lawyers in different places.

Hiring a Disability Lawyer: What is The Nature Of Your Claim?

As indicated above, disability laws are quite complex and often touch on a variety of other areas of law. So before you hire a lawyer for your disability claim, it’s important to understand the nature of your claim so you find the right one.

Should I Consult With a Lawyer to Help with My Disability Related Lawsuit?

Disability issues can impact different areas of the law so it is important that you find a social security lawyer who can expertly handle all aspects of your case. You might even consider reaching out to some of the free and reduced costs services like local legal clinics and legal aid centers.

Who is more likely to have disability claims approved?

A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long can you wait to receive back pay from SSA?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

Is the Blue Book written for disability?

The Blue Book can be difficult to understand as it is written for medical professionals or disability advocates. The need for a Social Security disability lawyer arises when your initial claim for Social Security Disability is denied. It is at this point that you should consider hiring an attorney to represent your interests.

What does a good attorney do?

A good attorney will give you an honest assessment of your case only after reviewing the facts. A good attorney will also admit that he or she probably can't get you approved any faster than you could on your own. Here is a sample question you should ask and a sample answer a good attorney should give you:

Can a disability firm accept children's cases?

Not all disability firms will accept children's cases, and those that do may not have much experience with them. If you are filing on behalf of a child, make sure that the firm you deal with has experience with childhood disability questions.

Do disability firms keep in touch?

Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:

Can you speak to a disability attorney?

Don't be put off if you can't speak to the attorney the first time you call, or if you are asked to speak to a staff member for help with a question. This is because experienced disability attorneys spend most of their time in hearings and rely on their staff to field calls. However, a good firm should allow you to schedule a free consultation ...

Does Nolo have a disability license?

Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association.

Do I need a lawyer for an appeal?

But for an appeal to the Appeals Council, you'll definitely want to hire a lawyer. And since you'll pay a lawyer and a nonlawyer representative the same amount, it can make sense to hire a disability lawyer from the start.

Do lawyers represent Social Security?

First and foremost, ask if the lawyer has experience in winning disability claims for your medical condition. Typically, most lawyers who represent Social Security disability applicants are fairly busy, due to the large number of disability claims moving through the system.

Searching for the Right Lawyer

If you’ve been diagnosed with a chronic condition or have suffered from a serious injury and think you should file for disability benefits, it’s a good idea to start with an online search for disability law attorneys in your local area.

Finding an Attorney who will Advocate for You

After searching for lawyers who might be able to help, you’ll want to set up initial visits. Most firms will meet with you for free to go over your legal options. When attending a free consultation, it’s important to bring as much of your paperwork, (including employment and medical records) as you can.

Choosing a Lawyer You Trust

The lawyer and client relationship are critical to the final outcome of your case. Whether you’ll be filling for social security or need a legal team to help you maintain employment, your best bet is to choose the lawyer you feel most comfortable talking to.

What is a disability lawyer?

Your Social Security Disability (SSD) lawyer helps you get the maximum disability benefits from the Social Security Administration (SSA). An attorney gathers evidence, submits paperwork, and constructs your claim so it has the greatest chance of a favorable outcome. Once the SSA makes a final decision on your case, ...

Why is communication important in choosing a lawyer?

Communication is also an important factor when choosing a lawyer. Your attorney should be responsive and keep you apprised of each new development throughout the process —and there will be many. When your lawyer is distant or hard to reach, it may be difficult to keep confidence in them.

What are the requirements to become a non-attorney advocate?

The requirements for becoming a non-attorney advocate are as follows: Bachelor’s degree or equivalent work experience; Clean criminal background; Professional liability insurance; Successful completion of SSA-administered exam; and. Continuing education.

What is a non-attorney advocate?

This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing. The requirements for becoming a non-attorney advocate are as follows:

Is it reasonable to expect a disability lawyer to be busy?

It is reasonable to expect a disability lawyer to be busy. However, it should not be overly difficult to reach your attorney. If a lawyer does not promptly return calls or emails when you are a prospective client, it is unlikely to get better after you sign a fee agreement.

Can a lawyer appeal a Social Security claim?

Attorneys can appeal your claim to an even higher court if the need arises. Non-attorney advocates have no standing beyond the Social Security system. When you hire an attorney, you get more knowledge, experience, and legal capabilities for the same fee.

Can an attorney appeal a claim?

Attorneys adhere to stricter professional conduct rules and face disciplinary action and even disbarment for not upholding stringent ethical standards; Attorney-client privilege laws ensure anything you tell your lawyer remains confidential; Attorneys can appeal your claim to an even higher court if the need arises.

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