how do i fina a lawyer to help me refile for soc social security

by Norris Wuckert 8 min read

You can obtain it online at www.ssa.gov/online/ssa-1696.pdf or call us and ask for Form SSA

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

-1696. Your representative does not have to be a lawyer, but he or she must have certain qualifications. For example, attorneys must be licensed and all others must have good character and skills to help you.

Full Answer

How do I choose a social security lawyer?

Be sure to identify lawyers with special knowledge and expertise in Social Security claims and know their way around the system. Make sure the lawyer you choose has a solid reputation, track record, and ethical grounding. Before even looking for a lawyer, know the basics of Social Security.

Why should I hire a Social Security benefits attorney?

Statistics have shown that when an applicant uses a Social Security Benefits Attorney the claim is more likely to be approved. An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation.

How do social security attorneys get paid?

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases. Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000, whichever is less.

Can a Social Security Attorney take money out of your account?

After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay the fee out of the trust account.

What is the easiest way to file for Social Security?

You can apply:Online; or.By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office. ... If you do not live in the U.S. or one of its territories, you can also contact your nearest U.S. Social Security office, U.S. Embassy or consulate.

Who can help me with my Social Security?

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

What to do if you can't get through to Social Security?

Please call us toll-free at 1-800-772-1213 (TTY 1-800-325-0778) for assistance. Representatives are available between 8a. m. and 7p.

What should I do when I am ready to collect Social Security?

Call 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday, to apply by phone.

What is the average Social Security monthly payment for a retiree?

$1,496.13 per monthCalifornia. In America's most populous state, some 4.3 million retirees who collect Social Security can expect to receive an average $1,496.13 per month from the program in 2020, or $17,953.56 over the course of the year. California is another state where benefits are below average for the U.S.

What is the average Social Security benefit at age 62?

$2,364At age 62: $2,364. At age 65: $2,993. At age 66: $3,240. At age 70: $4,194.

How long does it take for a Social Security application to be approved?

Generally, 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.

How long does it take to apply for Social Security?

The Social Security approval process is relatively speedy, but as it is a government program with a huge number of applicants, you can expect to wait approximately six weeks before you get your approval for benefits. Bear in mind that this timetable only applies if everything runs smoothly.

Are Social Security offices open for walk ins?

Social Security Administration to Resume In-Person Services at Local Social Security Offices. I am pleased to announce that local Social Security offices will restore in-person services, including for people without an appointment, on April 7, 2022.

What documents does Social Security need?

Social SecurityYour Social Security card or a record of your number.Your original birth certificate, a copy certified by the issuing agency, or other proof of your age. ... If you were not born in the U.S., proof of U.S. citizenship or lawful alien status.More items...

How soon after your birthday do you get your first Social Security check?

Social Security benefits are not prorated. They start the month following the birthday. The schedule, according to AARP, follows this rule: When the birth date falls between the 1st and 10th of the month, the payment is issued on the second Wednesday of the month following the birthday month.

At what age is Social Security no longer taxed?

At 65 to 67, depending on the year of your birth, you are at full retirement age and can get full Social Security retirement benefits tax-free.

How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

Can a lawyer guarantee you will win?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win. With the help of a good lawyer, you’ll up your chances of winning, but lawyers can’t ethically say that they will win your case for you. If they do, that’s probably a lawyer to avoid.

Can lawyers speed up the process?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

What a Social Security lawyer can do for you

Social Security lawyers are most often retained to help disabled people get Social Security Disability (SSDI and SSI) benefits. These attorneys also help with issues related to Social Security retirement and survivors’ benefits.

Why hire a Social security attorney

Social Security lawyers most often help clients get disability benefits in the form of SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income). These lawyers can also offer help with Social Security Retirement and Survivors Benefits claims.

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 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 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.

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.

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.

Can an attorney represent you at a hearing?

An attorney can represent you at this hearing and will be able to help you prepare for questioning at the hearing. An attorney will be able to determine what kinds of questions you will be asked and will be able to help you determine the best way to proceed with your claim.

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 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.

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, ...

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.

Why do I need an attorney for Social Security?

However, applying for Social Security is a task that should not be underestimated because many forms and documents need to be completed and verified.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

Is an attorney always user friendly?

However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the applicant and move the process ahead.

Can I apply for Social Security with a lawyer?

The application process for Social Security can look simple, but if you have special circumstances or you are trying to organize a more comprehensive retirement plan, a Social Security Benefits Lawyer is prepared to assist you.

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.

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.

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.