how fast can i get ssdi 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.

Full Answer

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

Jun 07, 2010 · The process can take anywhere from one month to three years, depending on where you live and the complexity of your case. It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration. This stage takes approximately two to seven months.

When should I hire a Social Security disability attorney?

Keeping this in view, how can I get disability fast? or at least, speed up the process. Meet the criteria for a “Compassionate Allowances” condition. File appeals quickly. Express “dire need.” Request an “on the record” decision. Launch a Congressional Inquiry. Hire a …

How much does a Social Security disability lawyer cost?

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

What is the fastest way to get Social Security disability benefits?

Dec 27, 2021 · Keep in mind All SSDI claims are subject to a waiting period for benefits. The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months.

How can I speed up my disability process?

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

How fast can SSDI be approved?

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.

Can SSDI be expedited?

If you have already completed your Trial Work Period and your Extended Period of Eligibility (EPE), you can still get SSDI benefits if your income drops below the Substantial Gainful Activity (SGA) level. This method of getting SSDI benefits is called Expedited Reinstatement.

Who makes the final decision on Social Security disability?

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

What is the most approved disability?

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.Dec 16, 2021

What is the maximum SSDI back pay?

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 is Fast Track disability?

The QDD process uses a computer-based predictive model to screen initial applications to identify cases where a favorable disability determination is highly likely and medical evidence is readily available. By identifying QDD claims early in the process, we can prioritize this workload and expedite case processing.

How do I survive while waiting for disability?

How can I stay afloat while waiting for Social Security benefits?Tip #1: Work While Waiting For Social Security Approval.Tip #2: Apply for Other Types of Support While Waiting For Disability.Tip #3: Find Other Sources of Support or Financial Assistance.BEWARE:More items...•Mar 2, 2021

What is a one time payment from Social Security?

A one-time payment of $255 paid in addition to any monthly survivors benefits your family is eligible to receive. This amount is paid only to your widow/widower or minor children. The maximum amount of earnings we can count in any calendar year when calculating your Social Security benefit.

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What are the 5 steps for SSDI?

During that time, the SSA looks at the following to determine if you are eligible to receive disability benefits:Do you make too much money? ... Is your impairment severe? ... Is your condition in the official impairment list? ... Does your condition interfere with the type of work you did previously? ... Can you do a different job?Apr 21, 2021

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

How much do Social Security attorneys get paid?

Otherwise, the Federal law says Social Security attorneys get paid a fee of 25% of your retroactive benefits, or $6,000.00, whichever is less, and only if you win your case.

How long does it take to get a disability hearing?

It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration. This stage takes approximately two to seven months. If you are denied again, you have the right to Request for Hearing before an Administrative Law Judge.

Why do people need legal representation for disability?

Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.

How long does it take to get a hearing in Maryland?

In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.

What can a lawyer do?

What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer.

How many SSDI claims are approved?

It’s estimated that less than 1 in 3 SSDI claims are approved during the initial stage. You’ll be expected to prove that the condition is in fact a burden that’s preventing you from conducting any work. So, unless you’re in a coma or rendered paraplegic after a serious road accident, the California-based legal experts at laportelawfirm.com/our-locations/san-jose/ recommend hiring a disability attorney to help gather the right documents and justifications and put together a strong case to qualify for SSDI in the initial application.

How long can you work to qualify for SSDI?

These benefits are usually granted to people who have been unable to work for at least 12 months as a result of an incapacitating, long-term condition. The SSA establishes strict standards as far as what qualifies as a disability; the impairment must severely hinder basic work duties such as standing, walking, lifting, etc. Also, your income mustn’t exceed $1,170 per month. Consulting with a lawyer early on will help you determine your chances of qualifying.

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 happens if OTR is denied?

If the OTR decision is denied, your case will then be sent to a hearing. If you are applying for SSI and you are in financial straights, an attorney can write a dire need letter for you, which can get your hearing date scheduled sooner. At the hearing, a disability attorney can improve your chances of winning the appeal after the hearing, ...

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 ...

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).

How to speed up disability claim?

Social Security has several other programs and procedures to speed up particular disability claims: 1 Applications that indicate the claimant’s condition has reached a terminal stage can be moved to the front of the line. Certain situations — for example, a metastasized cancer, or a patient in hospice care — trigger automatic fast-tracking. 2 Circumstances that don’t involve specific diseases or terminal conditions can also merit expedited processing: a low-birth-weight infant, for instance, or a disability claimant in imminent danger of becoming homeless. 3 If you are an SSI applicant with one of about 15 severe physical or intellectual impairments — among them amputation, Down syndrome, total blindness or deafness, and HIV/AIDS — Social Security may find you have a “presumptive disability.” This qualifies you for up to six months of benefits while your claim wends its way through the lengthy review process. 4 Social Security can expedite SSDI and SSI claims for veterans who became disabled while on active duty. The disability need not have occurred in the course of military action — for example, it could be the result of an injury while on leave — but it must have occurred since Oct. 1, 2001. Be sure to notify Social Security at the start of the application process that the condition stems from your period of service.

What are some examples of fast tracking?

Certain situations — for example, a metastasized cancer, or a patient in hospice care — trigger automatic fast-tracking. Circumstances that don’t involve specific diseases or terminal conditions can also merit expedited processing: a low-birth-weight infant, for instance, or a disability claimant in imminent danger of becoming homeless.

Is there a waiting period for SSI?

There is no such waiting period for SSI payments. If you have a condition that is not already approved for expedited status under the CAL program, you can ask Social Security to consider it for inclusion. Updated June 10, 2021.

Does Social Security have a disability program?

Social Security has several other programs and procedures to speed up particular disability claims: Applications that indicate the claimant’s condition has reached a terminal stage can be moved to the front of the line.

What does SSI stand for?

SSA is the office where you make your initial claim and stands for Social Security Administration . SSI is Supplemental Security Income (also called Title 16, or the “Medicaid” benefit) SSDI is Social Security Disability Insurance (also called Title 2, or the “Medicare” benefit) DDS is “disability determination services,” a state-contracted office ...

How long does it take to get approved for SSDI?

How Long Do SSI and SSDI Benefits Take To Get Approved? On average, one-third of claimants receive SSI benefits or SSDI within six months of application. For the other two thirds, however, the average processing time is over a year.

Why is my disability case denied?

Common reasons for denial at the initial level include: Your impairment is not severe enough (doesn’t limit your ability to do ANY kind of work) Your impairment isn’t expected to last for a full 12 months.

What is disability lawyer?

Disability lawyers are experts in speeding up disability claims at all stages of the process, from initial application through the appeals process. Let them help you fast-track your disability claim and provide peace of mind at the same time. Get a Free Disability Evaluation.

Is the SSA human?

Like many social services offices, the SSA is inundated with claimants (the technical term for a person who completes an application, as they are “claiming” disability). SSA representatives at the field offices are human, and make mistakes.

How much of disability claims are approved the first time?

Reality: As much as 25 to 35% of all claims are approved the first time. Misconception: Children’s disability claims are approved faster than adult claims. Reality: All claims are processed in the same timeframes. Misconception: There are medical conditions that are automatically and always approved.

What to do if you are not documented on Social Security?

As far as the Social Security Administration is concerned, if it is not documented, it never happened. Ask your specialist to write a letter supporting your inability to participate in gainful employment due to your disability.

What happens if you can't work 40 hours a week?

If you can’t work 40 hours a week because of it, you should be considered disabled. You are better off being honest instead of saying you can never get out of bed due to pain when in fact you can get up a couple of hours here and there. Be especially honest. It will help you win your case in the long run.

How much can I earn on SSDI?

Reality: You can earn up to $1100 per month on SSDI. Misconception: If you ever abused drugs or alcohol you will not be approved for SSDI. Reality: The Social Security Administration can generally not hold a drug addiction against you, but it is up to you to make sure you claim gets through.

Can an attorney help you with SSDI?

An attorney experienced in SSDI can put you on the fast track and help you win your case. If you consider hiring an SSDI attorney you should know that they all receive the same fee, established by law. The fee is contingent on their winning you disability benefits. Be painfully honest.

Can you get a blood test for PsA?

There is no blood test, no MRI, no x-ray that proves you have PsA or Fibromyalgia. Your doctor’s diagnosis, treatment, and notes will be more important than ever. See a physician who specializes in your disability and has them verify your condition and your disability in writing.

Does Social Security rely on doctor information?

Reality: The Social Security Administration does not rely completely on information from your doctor to approve or deny benefits. Misconception: Everyone who is approved for SSDI receives a lump sum back payment. Reality: Many do, but it is dependent upon when you apply and when you were eligible.

When did Social Security stop paying for legal aid?

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.

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

Can I get an attorney for my disability?

Applicants for Social Security disability (or SSI disability) are very unlikely to find an attorney to represent them for free, even at legal aid offices. This is because attorneys who help disability claimants work on a contingency basis, meaning that they only get paid for their work if they win your case. In addition, fees paid ...

Can SSI claimants get a lawyer?

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.

Can a lawyer collect disability backpay?

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.

Why is the SSA not labeling a financial hardship case?

The SSA will not immediately label the file of every claimant who alleges financial hardship as a "dire need" case because it would prevent the SSA from being able to help the most serious cases.

What to do if your situation worsens after applying for disability?

If your situation worsens after you applied for disability, you can go to your local field office to notify the SSA of your situation. If your circumstances improve, the SSA may remove the "dire need" designation on your disability claim. For more information, read about dire need letters.

What to do if you can't afford food?

Tell the SSA immediately if you are without food or cannot afford to get food. Medical care. Tell the SSA immediately if you do not have access to the medicine or medical care you need. This can be because you don't have the insurance, money, or other resources to get proper care. Shelter.

What is a TERI case?

is a newborn who was born with a fatal genetic or congenital defect. Other terminal conditions may also qualify as a TERI case. For more information on TERI cases, read our full article about getting disability benefits for terminal patients.

How long does it take to get a disability decision?

The process of applying for and getting Social Security disability is lengthy, and it can take up to two years to get a final decision. Fortunately, there are six types of claims called "critical cases" that the Social Security Administration (SSA) will process quickly.

What is a stage IV patient?

has chronic pulmonary or heart failure that needs continuous home oxygen and cannot care for his or her personal needs. has cancer that has metastasized, is stage IV, recurs after treatment, or is inoperable or unresectable. has been diagnosed with certain cancers such as liver or gallbladder.

Does the SSA mark a terminal illness?

The SSA will expedite claims based on a terminal illness. The SSA calls these claims "TERI" cases. Because of the sensitive nature of TERI cases, the SSA will never mark or note the case as "terminal" in the file. However, a claim will be identified as a TERI case when: the claimant, the claimant's friends or family, ...

Eligibility

Initial Application

• It’s estimated that less than 1 in 3 SSDI claims are approved during the initial stage. You’ll be expected to prove that the condition is in fact a burden that’s preventing you from conducting any work. So, unless you’re in a coma or rendered paraplegic after a serious road accident, the California-based legal experts at laportelawfirm.com/our-loca...

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Reconsideration

ALJ Hearing

Appeals Council

Federal Court