how does a lawyer speed up the process of a disability claim

by Jordi Fadel 9 min read

Generally, a lawyer or a non-attorney representative helps to keep your disability case on track. And that in itself could speed up the time it takes to process your disability claim. It is the responsibility of disability lawyers and representatives to file appeal paperwork in a timely manner, either via the online appeal process or on paper.

Expediting the Hearing Based on Dire Need
Based on such needs, a lawyer can file a request to an administrative law judge or hearing office director to have your case expedited.
Aug 30, 2021

Full Answer

Can a Social Security disability attorney help speed up the process?

Disability lawyers can review the claimant s medical records and ensure that evidence is included that proves the claimant is disabled. SSA Disability lawyers can build an argument outlining why the claimant is unable to perform their past jobs or any other job in the regional economy.

How can I speed up my social security claim?

How much does a Social Security disability attorney cost?

How can a disability lawyer help me win an appeal?

Jun 08, 2021 · However, there are a couple of steps you can take to speed up the disability claim process. First, when Social Security sends you forms to be completed, complete and return them right away. Many claims are delayed for weeks or months because the claimant is slow to return necessary paperwork.

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What can I do to speed up disability claim?

Here are some more ways to speed up your disability application.
  1. Requesting an OTR Decision. ...
  2. Requesting an Attorney Advisor Decision. ...
  3. Compassionate Allowances List. ...
  4. Terminal Illnesses. ...
  5. Presumptive Disability. ...
  6. Dire Need. ...
  7. Military Service Members. ...
  8. Contacting a Member of Congress.

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)
An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

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

three to four months
The 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 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)Mar 2, 2021

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.”
•
Oct 17, 2014

How long does it take to get disability with a lawyer?

Though it's hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months. Social security disability attorneys already know what the SSA wants to see and hear.Nov 8, 2021

How much back pay do you get from Social Security Disability?

12 months
SSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination Process
  • Step 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ...
  • Step 2: Reconsideration. ...
  • Step #3: Hearing. ...
  • Step #4: Appeals Council and Beyond.

What are the stages of disability?

There are five stages of the disability application process:
  • The initial application;
  • Reconsideration level;
  • Hearing level;
  • Appeals council;
  • Federal court.

What conditions qualify for disability?

What Conditions Automatically Qualify You for Disability?
  • Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)
  • Special senses and speech (e.g., visual disorders, blindness)
  • Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)

What is presumptive disability?

Presumptive disabilities are medical conditions that qualify for disability benefits and can be easily identified or “presumed.” When applying for SSI, you can also apply for PD. Because SSI applications take so long to review, PD allows individuals to receive more immediate help.

How do you survive financially on disability?

If you've been having trouble making your Social Security Disability payments cover your monthly living expenses, try some of the following tips and suggestions.
  1. Apply for Additional Assistance. ...
  2. Start Clipping Coupons. ...
  3. Look Into Energy Assistance. ...
  4. Additional Income Sources. ...
  5. Look for Income-Based Housing.
•
Nov 9, 2010

Requesting An OTR Decision

If you have submitted enough medical evidence to clearly show that you are disabled, you can request an “on the record” (OTR) review rather than wa...

Requesting An Attorney Advisor Decision

Another way to avoid the wait for an ALJ hearing is to get an earlier decision from an attorney employed by Social Security. Attorney advisor decis...

Compassionate Allowances List

If you have a very serious illness and you meet the other qualifications for SSI or SSDI, then you may be able to get benefits much more quickly. S...

Contacting A Member of Congress

If you have been waiting a long time for your ALJ hearing and you don't qualify for any of the options listed above, then you can try calling or wr...

How to speed up disability application?

Asking either your local representative or senator to launch a congressional inquiry can help speed up the Social Security disability application process . While not all of these inquiries will work, they do result in some people’s hearings moving faster.

How to get disability fast?

Perhaps the best way to get your disability application fast-tracked through the QDD process is having a Social Security attorney file your claim. While you can apply on your own, having an attorney file may help speed up your case. It’s also the best way to ensure you receive the most benefits you qualify for faster.

What is QDD in disability?

Quick Disability Determinations (QDD) can speed your disability application through the SSA’s review and approval process. The QDD process happens when an applicant likely has a qualifying disability and medical evidence is already available. Identifying QDD claims helps the SSA prioritize its workload. The agency is constantly modifying and expanding the QDD process to put more claimants through.

How long does it take to get a Social Security disability payment?

If you have one or more conditions on the CAL list, the SSA automatically fast-tracks your application. As a result, you may get your first payment just 14 days after applying for Social Security disability benefits. 2. The QDD process.

How long does it take for the SSA to review a disability claim?

High medical bills or unpaid living expenses add stress that can make your health problems worse. So, expect to wait at least 3-5 months for the SSA to review your disability application before hearing a decision on your claim.

How long does it take to get disability?

That’s because it can take anywhere from a few months to a couple of years to get your claim approved. The disability application process is often complex and time-consuming.

What is the hardest part of disability?

One of the hardest (and longest) parts of the disability application process is scheduling an appeals hearing after your first denial. There aren’t many Social Security judges and they all have huge workloads. For this reason, it’s hard for them to provide a quick ruling on your disability application.

What can a disability lawyer do?

At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, rather than having to go on to appeal to the Appeals Council. A disability lawyer can: prepare you to answer questions that may be presented to you at the hearing so that you can clearly relay the specifics of your medical impairments ...

How to get disability benefits if denied?

If your original application is denied, the next fastest way to receive benefits is to have an "on the record" (OTR) decision. A Social Security disability attorney can: 1 write a clear and concise brief that meets the requirements set out by Social Security and presents arguments for why you should receive benefits 2 gather any new medical records or try to obtain information from physicians to answer questions that may not be in your medical records but is requested by Social Security 3 write a proposed decision that, if approved by an Administrative Law Judge (ALJ), saves time since you do not have to wait for the ALJ to write the decision, and 4 speak to the Attorney Adjudicator to relay the specific merits of your case or to negotiate your disability onset date.

What to do if your Social Security disability application is denied?

If your original application is denied, the next fastest way to receive benefits is to have an "on the record" (OTR) decision. A Social Security disability attorney can: write a clear and concise brief that meets the requirements set out by Social Security and presents arguments for why you should receive benefits.

How long does it take to get approved for Social Security disability?

The fastest way to receive benefits is to receive approval based on your original application for Social Security disability benefits (rather than having to appeal the decision, which can take more than a year).

Can an attorney take your case?

However, an attorney will likely only take your case at this early stage if he or she thinks you have a good chance of winning.

Can a disability lawyer help you appeal a disability claim?

At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, rather than having to go on to appeal to the Appeals Council. A disability lawyer can:

Sue Holm

Cheryl -- While an attorney cannot make Social Security respond faster to your application for disability benefits, an attorney who is experienced in Social Security can work with you and your doctors to ensure that Social Security has the documentation...

Marilyn Hamilton

Hiring an attorney is not a guarantee of getting approved, or of getting approved faster. What an attorney can do is try to get adequate evidence for SSA to consider, including (as needed) obatining medical opinions from treating doctors, psychologists, and other medical professionals.

L. Maxwell Taylor

Probably not. There are many thousands of people applying for Social Security Disability benefits and it takes time for applications for benefits to work their way through the system. No lawyer is necessary in the early stages of an application for SSDI. Lawyers who...

Clifford Michael Farrell

You can apply for SSD and/or SSI if you either have already been off work 12 months, or have medical problems that are expected to last 12 months. You do not need to wait until you are done with your short term benefits to start the SS process - and in fact starting now will speed things up.

Nancy Beth Combs

There is a 5 month waiting period for Social Security Disabilty Insurance (SSDI) benefits. I assume by "short term disability" benefits you mean private disabilty insurance you receive through your work.

How long does it take to get a disability decision?

The disability process is long and can sometimes two years or more for the Social Security Administration (SSA) to make a final decision in your case. Fortunately, depending on the facts of your case, you may be able to get a decision faster by asking that an "attorney advisor" make a decision instead of an administrative law judge (ALJ).

What does it mean when a disability claimant submits new evidence?

A disability claimant submitted new evidence, or has new evidence available, that shows the claimant may meet an impairment listing (meeting a listing will result in an automatic approval).

What happens if an attorney advisor decides to issue a favorable decision?

If the attorney advisor decides to issue a fully favorable decision in your case, which means you will be granted disability going back to the date that you claim your disability began, the attorney advisor will send you and your attorney a letter that explains the basis for the decision. (For more information, see our article on the difference between fully favorable and partially favorable decisions .)

What does an attorney advisor do?

The attorney advisor may request more medical evidence if it is needed or schedule a conference with you in order to get more information, if the decision is likely to be favorable. Once the attorney advisor has reviewed the new information in conjunction with the other evidence in your file, he or she may issue a favorable decision.

Can an attorney advisor review a disability claim?

In order to have an attorney advisor review your claim, you must have filed a request for a hearing after being denied disability benefits. Also, the SSA requires one of the following reasons for asking an attorney advisor to review your case.

Can an ALJ deny a partial disability claim?

Sometimes it's in a claimant's best interest to accept the partially favorable decision instead of risking that an ALJ will deny the claim altogether. An example of this is when there is not enough medical evidence to approve a claimant based on an onset date before the initial application date. You should speak to an experienced disability attorney to decide the best way to handle a partially favorable decision.

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