how far in advance do you need to give a lawyer for a disability hearing

Full Answer

How can a disability lawyer help you prepare for a hearing?

With the guidance of a disability lawyer, you are going to be better prepared for a successful disability hearing. By understanding the processes, the procedures, and what the judge is needing to know, you will be able to more accurately respond, and you will know how to prepare for your hearing.

Do I need a disability attorney to apply for disability benefits?

While you don’t technically need a disability benefits attorney to represent you during the application process, hiring one can improve your chances of a successful claim. Statistics have shown that the Social Security Administration (SSA) is more likely to approve someone who is represented by an attorney.

When should I retain a disability benefits attorney?

You can retain a disability benefits attorney at any time during the disability claims process, but you should retain one before the hearing level so you can make sure you are prepared to testify before an administrative law judge.

What happens if I am late for my disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

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 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.”More items...•

How can I speed up my disability hearing?

Requesting an Expedite of the Hearing Based on Dire Need If your financial situation has declined so severely that you do not have the money to meet your basic living needs, you can request a “Dire Need” letter to the SSA's ODAR. If the SSA agrees that you are in dire need, your appeals hearing will be expedited.

Can you speed up disability process?

The Social Security Administration (SSA) can expedite processing for disability applicants who have certain medical conditions, face especially trying personal circumstances or served in the U.S. military.

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 top 10 disabilities?

What Are the Top 10 Disabilities?Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries. ... Organic Mental Disorders. ... Neoplasms. Finally, the 10th top disability comes from neoplasms.More items...

Why do you have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

What is the average time to get approved for disability?

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 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 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 conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

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.

Why is there a long wait for disability appeal?

Too many disability applications, not enough Social Security employees, and incompetence in bureaucratic planning have all lead to lengthy wait times for a disability appeal hearing in front of an administrative law judge from Social Security.

How to speed up a hearing date?

Fortunately, there are ways to speed up a hearing date, including submitting your medical records on your own and writing a dire need letter. You might even be able to skip the hearing by making a request for an on-the-record-review or an attorney advisor opinion.

What to do if you decline a disability hearing?

If you decline an online or telephone hearing, but later change your mind, you may contact the hearing office and request to have your hearing rescheduled. If you have been denied disability don’t give up! Contact a Disability lawyer at 512-454-4000 for a free consultation and get the benefits you deserve.

Why should I hire a disability attorney?

First, administrative law judges approve a greater percentage of claims in which an applicant has legal representation.

How to appear before an ALJ?

Appearing before an ALJ can be intimidating, but although you may feel embarrassed to answer some of these questions, it’s important to be honest and as specific as possible. Be confident, but avoid being confrontational when speaking. Address the judge as “Your Honor.”.

What happens if a disability does not prevent you from working?

Your attorney’s goal is to get the VE to state that there are no jobs available in your area that you can do. This cross-examination is the most important part of the hearing. If the VE’s opinion on what jobs you can do is not disputed, you will lose your appeal.

How long is an ALJ hearing?

Hearings are usually short, about 15 minutes to one hour. First impressions are important. You should dress neatly and conservatively and be on time; if you are late, an ALJ may not have enough time to hear your case.

How long does it take for Social Security to send a notice?

When your hearing is scheduled, Social Security will send you a notice 75 days before the hearing stating the location, date, and time of the hearing.

How to request a hearing for Social Security?

You or your attorney may request a hearing online at Social Security’s website or by sending a letter to Social Security. All hearing requests must be in writing and be submitted within 60 days of receiving a denial notice. When Social Security receives your request, they will forward your case file to the administrative law judge’s Hearing Office.

What are the odds of winning a disability hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.

How many chances of being approved for Social Security?

Statistically speaking, according to the Social Security Resource Center, you only have a 30% chance of being approved after your initial application is submitted. When you submit an appeal, that number decreases even further to 15% approved for reconsideration.

Why is disability compensation important?

Disability compensation is essential if your disability keeps you from working and making ends meet. Unfortunately, the Social Security Disability system is one of the most overworked systems in the country, so getting the compensation you need may be difficult. In fact, most people are denied their initial claim and forced to appeal at a hearing.

What is disability based on?

Disability cases are based almost entirely on medical evidence. A lawyer by your side will be able to get the necessary evidence, such as medical records, as well as collect witnesses who can support your claims as extra ammunition for your case.

What happens if a supervisor approves a case that is faulty?

If the approval is deemed to be faulty, it will be sent back as a return, which is considered a black mark on the supervisor’s records. Quality control can deem a disapproved case approved, but the reverse is far more common. Because of this, supervisors often reverse approvals before cases even reach quality control.

Do supervisors reverse approvals?

Because of this, supervisors often reverse approvals before cases even reach quality control. Cases that are denied initially are not put under the same scrutiny. Judges at hearings, on the other hand, aren’t subject to this at all and can act objectively.

Hire a Qualified Disability Lawyer or Advocate

First and foremost, make sure you have a qualified disability lawyer representing you at the hearing stage of your appeal. While the SSA does allow you to represent yourself, it’s not in your best interest to do so.

Do Whatever It Takes to Get There

You need to do everything within your power to show up for your disability hearing, and make sure you show up on time. While you can, in some cases, postpone your disability hearing if you have a very good reason, you should do everything you can to make it to your hearing on the scheduled day.

Understand That Appearances Matter

You don’t have to show up to your disability hearing attired in the finest Gucci suit, but you do have to appear clean and well-groomed. If you show up in torn jeans and a dirty old t-shirt, the Administrative Law Judge isn’t going to appreciate it and may think it shows a lack of respect for the court that is hearing your case.

Be Familiar with Your Case and Your Medical Records

When working with a disability attorney, many applicants make the mistake of assuming that they do not need to stay abreast of the information included in their disability claim or fail to review the records that have been provided to the SSA. Remember, your lawyer is there to represent the legal aspects of your claim.

Keep in Contact with Your Lawyer

Chances are that your attorney is handling quite a few Social Security Disability cases. Make sure yours does not fall through the cracks. Stay in contact with your attorney and make sure that he or she has everything needed to represent you properly at your hearing.

Do Not Minimize the Effects of Your Disability

Pride has no place in the courtroom, and especially not during your disability hearing. While you should never over-exaggerate your disability, you should not downplay it either. Be very specific about how your disability prevents you from performing work-related activities.

How to prepare for a hearing?

Be Prepared. Take some time to review your medical file before the hearing. Make sure you are able to quickly and naturally answer questions about your medical condition, treatments, medications, and your limitations. Organizing your file is a good way to review information and dates.

What should your response to a judge's question be?

Your responses to a judge's questions should be full, forthright, and honest. Don't exaggerate your medical condition, pain, or the limitations caused by your physical or mental impairments.

Is a disability hearing adversarial?

Remember that the hearing is not adversarial. Any stress you have been feeling because your initial disability claim was denied needs to be checked at the door. The disability hearing is not the time or place to be rude or to vent your frustration at "the system.".

Can you be late for a disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

Can an ALJ hear your medical history?

The ALJ does not have time to hear the entire history of your disability and your medical condition. If and when you are asked questions, answer the question you were asked without providing additional information. You might inadvertently embellish with details that hurt rather than help your case. For guidance on how to answer the judge, see our article on answering questions at a disability hearing.

Work questions

An ALJ wants to know a lot about your work history. That begins with whether you are working now. If you can work a little bit, but earn no more than that year’s “substantial gainful activity” limit, you can still qualify for disability… if because of your medical impairments, you can’t work more.

Treatment questions

The ALJ will want to know what you did to try and get medical help for your ailments. If you were unable to physically get to a doctor’s office because of distance, poverty, or something else be sure to let them know at the hearing.

Daily activity question

What do you do in a typical day? “Nothing” is not a good answer. Even if you struggle throughout the day you probably do something. Be ready to explain what a regular day looks like. If you have good days and bad days, be sure to differentiate between the two.

How to get help

Although some people choose to apply for disability without an attorney, by the time you get to the hearing stage, you need to have a lawyer’s help. At that point, Social Security has denied your benefits application a couple of times and the hearing the best (but not the last) chance to win your case.

Is my disability lawyer still working on my case?

It’s always a bit dismaying when disability claimants have no idea what is happening with their Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) case.

What if I am denied SSI or SSDI at the Hearing level?

If you are denied SSDI or SSI benefits at the hearing level you also have 60 days to request a review by the Appeals Council.

Can I fire my disability lawyer during the disability process?

Yes, you can fire your disability attorney, but keep in mind, they are likely to get a percentage of your back pay if you do end up winning your disability case after they have been fired.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

What does an attorney do during a subpoena hearing?

If so, your lawyer will handle the process of subpoenaing witnesses to testify on your behalf during the hearing.

What to do if your medical claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

How to file a disability claim if you can't work?

The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

What do you ask a judge about your disability?

First, the judge will ask your name, date of birth, address, and possibly your Social Security Number. You will usually be asked if you were in the military and if you are married, single, or divorced. These are questions that are easy for most people. However, once those questions are answered, you will be asked about your disability.

What is SSA hearing?

SSA hearings are informal. They are also private, which means the public cannot come in and out of the court room. The only people who will listen to your testimony are the people in the hearing. This is typically the Judge, your attorney, the court reporter, and possibly a vocational or medical expert who is hired by the SSA. ...

How to help yourself when you are disabled?

The main thing you can do to help yourself is to think about your disability and how it keeps you from working. Specifically, the Judge wants to know how much you can lift, how long you can sit, stand and walk, and if you are able to concentrate on job instructions.

What does it mean when a judge asks how much weight you can lift?

So, instead of answering with general statements, be specific. Likewise, if the judge asks how many pounds you can lift, the answer isn’t “not very much.”. The answer is 5, 10, or the number of pounds you could lift repetitively throughout ...

How long can you walk for a judge?

If you cannot walk for more than 10 minutes at a time due to back pain or some other problem, tell the Judge. The more specific you are in your answers, the more the Judge will understand your limitations.

Can a judge ask you if you have panic attacks?

For example, if you have Anxiety, the Judge may ask if you have panic attacks at work. Your answer should not simply be “yes.”.