how lo9ng does it take to get social security disability with a lawyer

Full Answer

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 does the SSA pay for a disability attorney?

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the SSA to pay your attorney if your claim is approved. The SSA will review the agreement to make sure it meets the fee agreement guidelines.

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

The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision —but how long realistically should you expect to wait? We’ll break down the timelines, expectations, and what-if scenarios of the Social Security Disability (SSD) application process.

Can a lawyer or advocate help my Social Security disability case?

If you can find an expert to represent you at this stage, the lawyer or advocate can: request aid from your doctor in a way that will help your case. (An expert can make your physician aware of the terminology Social Security is looking for so that the doctor can use the proper terms), and

How many people get legal assistance without a lawyer?

What to do if your disability application is denied?

What factors affect the turnaround time for disability?

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.

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.

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.

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.

How far back does Social Security disability pay?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

How does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

How can I survive waiting on disability?

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 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 questions do they ask you for Social Security disability?

When your conditions became disabling:Dates you last worked;The names, addresses, phone numbers, and dates of visits to your doctors;The names of medications that you take and medical tests you've had; and.Marital information.

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...

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 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.

The “3 to 5 Months” Wait Time, and Why It’S Disappointing

The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision—but how long real...

Inside The Social Security Disability Claims Approval Process

Getting your SSD benefits claim approved by the SSA is a lengthy process full of questions: What goes on behind the scenes during the Social Securi...

Why There Is Such A Long Wait For Social Security Disability Benefits?

While there may be ways to speed up the approval process for your SSD benefits, waiting for SSD eligibility can take months—and even longer if you...

Getting Approved For Disability Benefits

While there may not be a concrete answer as to how long it will take for a Social Security disability approval, there are ways to possibly speed up...

If a Disability Decision Takes Longer Is That a Good Sign or a Bad Sign?

Question. I've been waiting for months to hear whether I'll be approved or denied for disability. Is this a bad sign? Answer. Whether a disability decision (SSDI or SSI) takes longer or shorter than the average processing time could mean a number of things.

Top 5 Reasons Why Disability Claims are Denied (Updated for 2022)

I am one of the 30% that was approved the first time. I had all my medical records together, the names of my doctors, hospital, contact information for the doctors, upcoming doctor appointments - that is one of the questions asked - when is your next appointment.

Has anyone seen this after a alj hearing for ssdi - reddit

If you had an attorney they can log on and see the judges decision way before having to wait on it in the mail...at least mime did. My attorney called me about 3 weeks after my hearing telling me he logged onto some system they have access to and read me the judges decision and to be looking for it in the mail.

How long does it take to appeal an SSD claim?

The SSD application process doesn’t end if your first claim’s denied. Instead, you have 60 days from the day your denial letter arrives to file an appeal. However, where you live largely determines how long you’ll wait for an appeals hearing. See average appeals hearing wait times in your state or region here. Currently, the national average wait time for an appeals hearing is 11.8 months. In other words, you’ll wait at least 1.5 years from the date you apply if you win SSD benefits on appeal.

How many steps do you have to take to appeal a disability claim?

Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases. Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: Reconsideration.

What is the ODAR for disability?

The ODAR is the department that schedules and holds disability hearings and fields all SSA applications, including retirement and survivors benefits. Because there is a limited number of judges and the ODAR’s two case-processing divisions have only a few hundred offices across the country, this part of the process can take up a large chunk of time.

How to appeal a disability claim?

Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: 1 Reconsideration 2 A hearing with an Administrative Law Judge (ALJ) 3 An appeals council review 4 Federal court

What information should I include in my disability application?

You should also provide names of all doctors who treat you, facility addresses (including hospitals, doctor’s offices and anywhere else you go for treatment) and your appointment dates. Offering all necessary information from the start saves the disability examiner from having to track it down later. In fact, those steps are often most responsible for slowing down the entire process.

What is the first step in the long claims process?

According to Tim Moore, a former disability examiner for the SSA, the first step in the long claims approval process is to send your Social Security disability benefits application to a state disability agency, which is also called Disability Determination Services (DDS).

How many ALJs are there in the SSA?

The ODAR will then schedule your case and notify you of your upcoming hearing date. According to the SSA, approximately 1,535 administrative law judges (ALJs) make more than 558,000 rulings every year, so it can take a while.

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.

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.

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 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 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.

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.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

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 many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

What factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

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...

See more on socialsecuritylawoc.com

Reconsideration Approvals

ALJ Hearing Approvals