how long does it take to get disability with a lawyer in indiana

Do I need an Indiana disability lawyer to get benefits?

If your initial application for disability is denied (state disability determination services agencies deny, on average, about seventy percent of all disability applications), your attorney will file an appeal of the disability examiner's decision, or request for reconsideration, on your behalf within the designated 60-day timeframe (if you miss this deadline your case is dead in the water, and …

How long does it take to get a disability check in Indiana?

At the present, because of the backlog of hearings, it may take 2 years for your scheduled hearing. Hopefully, you will get a favorable decision in the end. Although, this process can take anywhere from a few months to nearly 3 years. Statistics show that if …

How long do disability benefits last in Indiana?

Mar 09, 2019 · The process of getting approved for Social Security disability benefits can take anywhere from a month to several years, depending on the circumstances of your situation. Attorneys have little control in speeding up the process, though an Orange County disability attorney can provide many benefits that may result in a faster approval of benefits.

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

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.

How long does it take to get SSDI in Indiana?

Right now, SSDI applications for Indiana disability benefits take 493 days to process from start to finish. If you decide to apply on your own without a lawyer, you’ll almost certainly get denied benefits.

Can I file for disability in Indiana?

You can file a claim for Indiana disability benefits through these two programs: Social Security Disability Insurance (SSDI) Supplemental Security Income (SSI) To make the process faster, Indiana disability applicants can apply for both programs on the same form.

What is SSDI in Indiana?

The first program, SSDI, is an insurance program you pay for through every paycheck. Anyone who’s worked at least 5 in the last 10 years full-time and paid Social Security taxes can apply. Keep reading to see if you may qualify for the SSDI program’s Indiana disability benefits.

What is the income limit for SSI in Indiana?

The SSI program screens every Indiana disability applicant for income and assets. First, your monthly income must be less than $1,260. This includes money you earn as well as other sources. They count things like alimony, child support payments, inheritance, lottery winnings, etc. You must also have less than $2,000 in the bank when you apply. But the SSA also looks for jewelry, stocks, bonds, cars or anything you can sell for cash. These are what the agency calls “countable assets.” Some things the SSA won’t count towards that asset limit include:

Do you have to be blind to get SSI?

If you’re younger than 65, then you must be blind or disabled to qualify for SSI. You’ll need to submit convincing medical evidence to support your claim. But if you’re already at least 65 years old, your age alone helps you qualify. You don’t have to submit any medical records along with your SSI benefits application.

How long does a disability last?

Keep in mind that your disability must also last (or be expected to last) at least 12 months. If you’ve been injured in a car accident, for example, then you may not qualify for Social Security disability if your injuries will heal in a matter of months.

Can a lawyer help with Social Security disability?

With strict requirements for Social Security disability benefits, you’ll want strong legal representation on your side. Disability lawyers can collect medical evidence to prove your disability. They can also help you meet Social Security’s strict filing deadlines.

What is the SGA for disability?

To measure a person’s ability to work, Social Security uses a metric known as substantial gainful activity (SGA). To qualify as SGA, your work must require significant physical and/or mental activities (“substantial”).

What is the disability metric?

To measure a person’s ability to work, Social Security uses a metric known as substantial gainful activity ( SGA).

What is the blue book of disability?

This is known as the listing of impairments , or Social Security’s blue book. Just because your condition is on the listing of impairments doesn’t mean you’ll automatically get approved for disability benefits. Each condition listed has certain criteria that individuals must meet.

What is SGA in Social Security?

To measure a person’s ability to work, Social Security uses a metric known as substantial gainful activity (SGA). To qualify as SGA, your work must require significant physical and/or mental activities (“substantial”). You must also work for pay (“gainful”).

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

The majority of 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 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.

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.

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.

What happens if you have never applied for disability?

If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

How to explain disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that: 1 your condition meets a disability listing 2 you cannot go back to your previous work or engage in any substantial gainful activity 3 your “limitations” prevent you from working 4 you cannot even do a sedentary type of work

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

Social Security Disability Appeal Wait Times Increase With Every Case Transfer

In 2008, the SSA transferred just 14% of SSD appeal cases to reduce office workloads. That’s about 100,000 cases in 2008 alone. In 2017, that number grew to 450,000 cases transferred with an average wait time of 605 days. In other words, 43% of SSD appeal cases pending that year got transferred to a different office.

Disability Appeal Hearing Wait Times In All 50 States

Curious how long you’ll have to wait before hearing a decision on your own Social Security disability appeal case? Our interactive infographic below shows the average wait times in all 50 states as of August 2020.

You May Qualify for Legal Assistance

Want your Social Security disability appeal heard faster? We can connect you with an experienced lawyer who can potentially speed up your case review. Getting an attorney to file your disability claim makes you 2x more likely to get benefits the first time you apply.