how do i get a lawyer to file for social security disability

Contact a Disability lawyer at 512-454-4000 for a free consultation and get the benefits you deserve. If a disability claim is not approved on initial application, the claimant will have to go through the appeals process.

Full Answer

Where can I get a Social Security disability attorney?

Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation.

Do I need an attorney to file a social security claim?

Every person has the right to be represented by an attorney or other representative while pursuing a claim or other rights under Titles II, XVI, and XVIII of the Social Security Act.

How can a disability lawyer help my claim?

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.

Can a lawyer take my Social Security disability backpay?

There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

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 best way to get approved for Social Security disability?

You can apply for Disability benefits online, or if you are unable to complete the application online, you can apply by calling our toll-free number, 1-800-772-1213, between 8:00 a.m. and 7:00 p.m. Our representatives can make an appointment for you to apply.

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.

What is the hardest state to get disability?

OklahomaOklahoma 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.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What are the 3 most common physical disabilities?

Here are three of the most common physical disabilities we see.Arthritis and Other Musculoskeletal Disorders. According to the Mayo Clinic, arthritis is inflammation and tenderness in one or more joints. ... Cerebral Palsy. ... Spinal Cord Injuries.

What should you not tell a disability doctor?

For example, if you are being examined for a medical condition, you should not tell a doctor you have pain everywhere, or your level of pain is 10 out of 10 for everything if your daily activities are not consistent with this level of pain.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

How do they determine how much you get for disability?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

What qualifies as a disability?

Disability is the umbrella term for any or all of an impairment of body structure or function, a limitation in activities (the tasks a person does), or a restriction in participation (the involvement of a person in life situations).

Will Social Security get a $200 raise?

A benefits boost: $200, plus COLA changes Anyone who is a current Social Security recipient or who will turn 62 in 2023 — the earliest age at which an individual can claim Social Security — would receive an extra $200 per monthly check.

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...

How to find a disability lawyer?

You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.

How long does a free consultation last?

Free consultations can take place on the phone or in person, and usually last from 30 minutes to an hour.

When did legal aid stop?

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.

What is a new client questionnaire?

New client questionnaire. You'll be asked a series of questions about your work experience, your medical issues, and the status of your claim to determine if you have a viable case.

Do I need a lawyer for SSI?

If you're applying for Social Security disability or SSI, hiring a lawyer will give you the best chance of winning your claim. Don't be scared of the hefty up-front fees charged by some lawyers —Social Security attorneys only charge you a fee if you win your case. If you don't win, there's little or nothing to pay.

Does legal aid help with Social Security disability?

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. 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. (For more information, read our article about finding a lawyer for an overpayment problem .)

Can a non-profit help with disability?

There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. 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. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.

What does a lawyer do for disability?

Your lawyer will gather all your medical records from all your providers and help compile your file in a maneuverable manner so Disability Determination Services can see that you are unable to work.

What to ask when meeting with a disability lawyer?

The first thing you need to ask when you meet with the lawyer or advocate you are interested in working with is how accessible they will be. Many Social Security Disability attorneys and advocates handle a large volume of cases.

What happens to the disability applicants who receive a denial of their claim for Social Security Disability?

What happens to the disability applicants who receive a denial of their claim for Social Security Disability benefits? If they have any hope of receiving disability benefits in the future, they must appeal the SSA's decision to deny their application for disability benefits.

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 ...

How long do you have to work with a disability advocate?

You need to be able to get along with the Social Security disability advocate or lawyer you work with. This professional may be working with you for a year or more depending on how far you have to appeal your Social Security Disability case. If you are working with a lawyer or advocate who is rude or abrasive or does not respect your feelings, it will make things complicated.

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.

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.

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 does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

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, ...

How do I qualify for SSDI?

To qualify for Social Security Disability Insurance (SSDI), a person must have a certain work history. The work history must include recent work and sufficient earnings. This is because Social Security Disability is an “insurance” program. It works like the Social Security retirement income program: you satisfy part of the requirement when you contribute money through your taxes. (Supplemental Security Income (SSI), on the other hand, requires not a specific work history but a limited amount of resources, plus disability.)

Who gets SSDI?

SSDI: Disability Insurance benefits are paid to people who have worked long enough to earn sufficient credits under the Social Security system but are now disabled.

What is the eligibility for disability?

To qualify for Social Security disability benefits, an individual must be completely disabled. While some other insurance or employee benefits programs may cover people who are partially disabled, the Social Security program says that a qualifying disabled person must be unable to engage in any productive work, whether it is the type of work the person did before or some other gainful employment that the person might perform.

What is impairment in Social Security?

An impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant’s death. But this is not the end of the qualifying tests.

How long do you have to work to qualify for disability?

The Social Security Administration also requires the applicant to have a sufficient work history to qualify for Social Security Disability benefits. Based upon the applicant’s age, he or she must have worked for a specified number of years. The applicant also must have worked at least some of those years recently.

What happens after a Social Security application is received?

Following the receipt of the application, a federal Social Security Administration representative will review the information. If the representative is satisfied that the application meets certain basic criteria, the application and evidentiary materials will be forwarded to a state agency that is charged with making a decision regarding the disability benefits application. The state agency may develop the file further by gathering more medical or vocational evidence. Social Security uses a five-step process to determine whether the applicant should receive benefits, asking:

How to appeal a Social Security denial?

The applicant has the right to appeal the decision. The first appeal is a reconsideration of the initial denial, typically a review by a new person of the written evidence and any additional evidence. Under a pilot program in some states, including Missouri, the reconsideration step has been eliminated and applicants go right from an initial denial to a hearing with an administrative law judge. After reconsideration, the next appeal goes to an administrative law judge for a hearing. Following this stage, the applicant has a right to appeal to the Social Security Appeals Council. Finally, the applicant may appeal to the federal courts. An attorney can offer valuable assistance in the appeals process.

What is the Social Security disability process?

First applicants gather medical records and submit an initial application. SSA reviews the records and application to determine if the applicant is indeed disabled and meets the requirements for Social Security disability benefits.

How can an attorney help prepare for the ALJ hearing?

Hiring an attorney can make sure your initial application is handled appropriately with proper documentation and all required records are included. Your attorney can then submit your request for reconsideration and then request a hearing with the ALJ.

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.

Why does cerebral palsy cause developmental delays?

Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.

How much did the Marlette family settle for their son's death?

A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.

How much did Livonia pedestrians get for being hit by a van?

A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.

How long did you have to work to get unemployment benefits?

Everyone who reached the age of 62 could apply for these benefits as long as they had worked at least ten years and had paid into the system.

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, ...

How long did the hospital delay treatment for a patient with internal bleeding?

Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.