how fast getting disability with a lawyer

Full Answer

Can a disability attorney help speed up the disability process?

There are several ways that having a disability attorney represent you might speed up the process. While there is no fast-track for individuals who are represented by an attorney, attorneys know a few things that might be able to get a decision on your claim faster.

When should I hire a Social Security disability attorney?

Statistics from the National Organization of Social Security Claimants Representatives (NOSSCR) provide that those who hire an attorney are more likely to recover SSD or SSI. Therefore, we think it is in your best interest to hire an attorney as soon as you file for disability. Hiring an attorney may increase your odds of winning.

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

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.

How much does a Social Security disability attorney cost?

Attorneys and advocates collect a one-time fee, only if you win benefits, and it can't be any more than 25% of the backpay you receive from Social Security. According to a survey we took of our readers, the average fee that Social Security paid to disability lawyers was $3,750.

What's the quickest you can get disability?

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. There is no such waiting period for SSI payments.

How long does it take for disability to be determined?

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.

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.

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 should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

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.

How is disability amount determined?

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.

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.

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)

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.

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

one to two monthsUnfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

Why does it take so long to get approved for disability?

This is often due to a lack of medical evidence or missing paperwork, and can result in a denial without anyone having reviewed the actual merits of your claim. All of these factors have resulted in the Social Security Administration having a backlog of nearly one million cases.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

How long does EDD disability take to process?

to 14 daysOnce we receive your completed claim application, we will determine your eligibility. You can expect this process to take up to 14 days. Note: Processing time may vary depending upon the claim. If your claim is incomplete or requires additional information, confirming eligibility can be delayed.

First-Round Approvals

The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years.

Reconsideration Approvals

Most people receive denials in the first round of review and the next step, or the first appeal, is called Reconsideration. At this stage, you can request an on the record (OTR) decision, but only with the help of an experienced Social Security Disability attorney, do you realistically have a chance of getting approved at this level.

ALJ Hearing Approvals

If you are denied at the Reconsideration level, your case will proceed to a hearing in front of the ALJ. The average waiting time for a hearing is currently in in the 15 – 20 month range from the time the Request for Hearing is filed with the SSA.

Why Hire a Lawyer to Get Disability?

Your attorney can ensure that you follow the standard required to get your claim legally. When you follow the normal procedure, you will never make mistakes that may eliminate your chances of getting the disability claim. In short, your lawyer will help you avoid the pitfalls which in turn can fasten your case.

How Long Does It Take Get Disability With A Lawyer?

The waiting time for hearing on Disability cases are all back to back with each other especially around the US, Washington, Maryland, Northern Virginia, and DC areas. This is due to many reasons like;

Processes for Getting Disability

The first process is the initial claim or the application for the disability level. At this level, it can take you a minimum of 100 days for your initial claim to get a decision. Majority of the initial claims are rejected by the state’s disability examiners of course.

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).

What happens if QDD denies your claim?

When the QDD Examiner Denies Your Claim. If the QDD claims examiner wants to deny you benefits through the QDD system, the examiner must have a medical consultant look at your claim before the QDD is able to deny it. If the Quick Disability Determination unit doesn't recommend your claim for approval, or doesn't make a "fully favorable" decision on ...

What is a quick disability determination?

Quick Disability Determination is a method that the Social Security Administration (SSA) uses to process disability claims expeditiously (SSDI and SSI claims). The SSA uses a sophisticated predictive computer modeling program to analyze your electronic file for certain factors that show a high probability that the applicant will be found to be disabled. When these criteria are met, the application is sent to a special Quick Disability Determination group for review and decision.

How long does it take to get a QDD denied?

In 2018, the average processing time for QDD cases is 19 days.

How long does it take to get a disability claim approved?

How Quickly Disability Claims Can Be Approved. Your case could be approved within 15 to 20 days of applying if your medical records are complete and your onset date (the date your disability began) can be quickly determined.

Does Social Security expedite disability?

The Social Security Administration also expedites disability decisions for terminal illness cases (TERI) and Compassionate Allowance cases (for cancers and other easily diagnosed illnesses). And for SSI (Supplemental Security Income), some applicants can get benefits started even before a disability determination is made if their condition ...

Do you have to ask a medical consultant to look at your Social Security application?

If the disability examiner wants to approve your claim for benefits based on the information in your application and medical record, the examiner doesn't have to request that a medical consultant look at your file (unlike in the regular Social Security disability determination process).

Can I hire a disability lawyer after I file a claim?

You will need to retain the help of a disability lawyer before you file your claim. As Nicole found out the hard way, you cannot hire a lawyer after the claim has been filed. Although you can always use a Veteran’s Service Organization (VSO) like the DAV or VFW, it can work in your favor to have an attorney represent you in your claim.

Can I fill out paperwork for disability?

Even just filling out the paperwork for a social security disability filing can be difficult. An attorney can help you figure out the right way to do the paperwork and what you need to further support the information you’re using to file the claim. If you have an attorney, he or she can help you fill the paperwork out, go to court dates and will help you navigate everything that comes after you are successful with your claim.

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 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.

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 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.

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.

Why Hire a Disability Lawyer for Your Case

Getting social security disability is not an easy process. You need an experienced disability lawyer because they understand the process. They also know how to best present your case so you have the best chance of getting approved.

Benefits of Hiring a Disability Lawyer

Before we consider how to find the best disability lawyer for your case, let’s take a closer look at the benefits of working with one. Here are some reasons to consider getting a lawyer before you begin the application process for social security disability.

Finding the Right Disability Lawyer

Certainly, you could go to Google and search for a disability lawyer near me. In some cases, that’s the first step. You’ll still get a long list of possible candidates. How do you narrow down to find the best lawyer for your case?

Get a Lawyer to Help You Get on Disability

Getting on disability can be quite a process. You want a disability attorney who understands the unique aspects of this type of law and what it takes to get an application approved.

First-Round Approvals

• The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years. If you decide to hire an attorney to assist with the application process, the right lawyer will know what the Social Security Administratio...

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Reconsideration Approvals

ALJ Hearing Approvals