how likely am i to get ssi after i get a lawyer

by Prof. Theresa Lockman 8 min read

Readers who applied for SSI

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

and hired an attorney at some point in the process (usually for the hearing) were nearly three times as likely to win an approval as those who proceeded without a lawyer (68% compared to 25%). The Bottom Line on Disability Lawyers It isn't easy to get Social Security disability benefits.

Full Answer

Why do I need a lawyer for SSDI or SSI claims?

Because of this "contingency fee" arrangement, lawyers generally have a screening process for potential clients; they're more likely to take cases that appear to have a decent chance of success. There are several other reasons that having a lawyer makes such a big difference in the outcome of SSDI and SSI claims at the hearing stage.

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.

Where can I get a free SSI or SSDI lawyer?

If you want to discuss the length of time it takes to get your SSI or SSDI benefits with a lawyer for free, please fill out a free social security online legal consultation, or call our social security disability lawyers for a free SSI or SSDI legal consultation at (301) 589-2200.

Do I need a social security attorney or advocate?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

image

Does winning a lawsuit affect SSI benefits?

One question that we are asked quite often from our clients and their families is how a personal injury settlement will affect their Supplemental Security Income (SSI) benefits. The short answer is “Yes, a personal injury settlement will likely affect your SSI benefits.”

What percentage of SSI claims are approved?

While it is true that only 30 percent of initial Social Security Disability claims are approved, understanding the reasons why so many disability claims are denied can help you increase your chances of a successful Social Security Disability application.

What are the odds of winning a Social Security disability hearing?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

What percentage of SSI claims are denied?

The percentage of applicants awarded at the reconsideration and hearing levels are averaging 2 percent and 9 percent, respectively. Denied disability claims have averaged 64 percent. SOURCE: Tables 60–63.

Why would SSI be denied?

You didn't return all the necessary forms to the SSA. Your medical conditions would not last at least 1 year. Your assets or income are over the limit. Your medical conditions were not severe enough.

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 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 happens after Social Security Disability is approved?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

How do you win an appeal for SSI?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.

What conditions are automatically approved 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)More items...

Does everyone get denied SSI the first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

How long does SSI approval take?

about 3 to 5 monthsGenerally, 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 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.

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 Do SSI Lawyers Help?

Working with a lawyer might not necessarily make the approval or claims process go quicker, but attorneys can help ensure you don’t make mistakes during the process that will result in delays. Delays are most often caused by procedural mistakes when it comes to filing or obtaining the necessary paperwork for your claim.

How Long Will it Take To Receive My Benefits?

There are many different factors that could affect the length of time it takes for your claim to be approved or to receive your benefits.

How Long Does it Take to File for My Benefits?

Filing for your SSI or SSDI benefits can take anywhere from a month to years, depending on your location and how complicated your case is. When initially applying, it is not uncommon that it takes at least six months to receive a decision. For those whose claims are denied it is important to request reconsideration through appeal.

What Should I Do If My Claim Has Been Denied?

If your SSI or SSDI claim has been denied, hiring an attorney to work with you during the appeals process is always recommended. This is because navigating the legal system can be particularly complicated. Obtaining and filing the proper paperwork is essential for your case. When working with an SSI lawyer, they should work on a contingency basis.

How Long Does it Take to Get a Decision After My Hearing?

After you have your SSI or SSDI hearing in front of a judge, it can still take a few months to receive a written decision. The decision will come in the mail from the judge and is often anywhere from 10-15 pages. It will explain the outcome of your case, and outline why it was judged favorably or not.

How Much Does SSDI Pay?

For those wondering how much they’ll be granted should their claim be approved, the amount will be a calculation of the size of your past monthly paychecks. It is based on the amount of money you made while working, as well as the amount you paid into Social Security during that time. This means that every situation is different.

Will My SSI or SSDI Cover All My Health Costs?

If you qualify for SSI benefits, you will automatically receive Medicaid benefits. If you qualify for SSDI benefits, you will be eligible for Medicare. Those who are receiving SSDI benefits become eligible for Medicare on the 30th month after the official date their disability benefits began.

What can an experienced disability attorney do?

An experienced disability attorney can help you gather the right kind of medical evidence that will support your case. That includes knowing when your medical records need updating and when a medical expert would help. (It also means knowing where to find the right experts.)

How many times more likely are you to be approved for disability?

According to a government report, disability applicants were 1.6 times more likely to be approved for benefits than other applicants when a medical expert testified at the hearing. Because these medical professionals are there to give expert, impartial opinions, judges tend to value their testimony when making their decisions.

How do I apply for SSDI?

First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial. If you advance to the next stage, a disability examiner will then put your application through a five-step medical evaluation. (For more details, see our articles on technical disability denials and the SSDI/SSI determination process .)

Can you prove you are disabled if you work?

Even if you're earning under the allowed amount, it can be much harder to prove that you're disabled if you're doing any work . But Social Security's claims examiners and judges also appreciate a long employment history, so being out of work for a long time might be a problem as well.

Do you need to see a doctor before applying for disability?

Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.

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 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 do I get a disability lawyer?

If you have filed your SSDI or SSI application you are most likely now playing the “waiting game.” Although some applicants are approved immediately, most are not. In fact, up to 75% of first time disability applicants are denied the first time they apply and may have to appeal their disability denial.

How is the SSI or SSDI disability lawyer paid?

So if the Social Security Administration is not going to pay for a disability lawyer and you are out of work with limited funds, what are your options for payment? The good news is the disability lawyer is only paid if you win. Their rate is established by the SSA, and they will be paid 25% of your back pay up to a maximum of $6,000.

Why will the SSA not help me more with my disability case?

Claimants often wonder why the SSA is not more helpful when they are applying for SSDI or SSI benefits. For instance, why do they not spend more time with you or meet with you? Why doesnÂ’t the SSA seem to care about your case? The bottom line is the SSA processes millions of applications per year and they are simply overwhelmed.

What is the level of the system at which most disability lawyers or Social Security representatives improve their client’s chances of winning

The level of the system at which most disability lawyers or Social Security representatives improve their client’s chances of winning disability is the administrative law judge disability hearing. Disability claimants who have representation are as much as fifty percent more likely than those who do not have representation to win disability ...

How does a disability lawyer help an individual?

Frankly, in many instances, the only way a disability lawyer or representative helps an individual at these levels is by making make sure that the claimant files their appeal paperwork timely, respond to requests for information, and helps to make sure that their client remembers to attend consultative medical examinations. ...

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

What happens if you claim Social Security?

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.

How does the SSA work?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Where can I get SSA-1696 form?

Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

Does having a representative help with disability?

But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.

SSI Eligibility Requirements

Breaking through the complexities of the SSI application process starts with understanding the basic requirements. The SSI eligibility requirements make up a long list, but this list can be broken up into three main categories. One of the first categories is fitting the SSA definition of a disability.

How Can an SSI Lawyer Help Me?

Hiring an SSI lawyer is not something everyone thinks of right away when applying for disability benefits. Whether to hire a disability lawyer is up to you in the end, but there are some potential benefits to consider.

Disability Lawyer in Philadelphia

Do not give up if your disability benefits application was denied. Feel free to ask a Philadelphia individual disability insurance attorney for help if you are facing barriers in your application. All you have to do is call Edelstein Martin & Nelson at (800) – 300 – 0909 for a consultation today.

image