how long does it take to get disability with a lawyer say he will get you money

Full Answer

When can I talk to my lawyer about my disability case?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.

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.

Do disability lawyers get paid if they win a case?

Most disability attorneys and nonlawyer representatives will be paid a fee only if they win the case (this is called a contingency fee). Here's how it works.

How long do I have to wait to reapply for disability?

You must wait at least 12 months before you reapply to avoid automatic denial of your next disability claim.

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

Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.

How long does it take for a decision to be made on disability?

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 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.

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 are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

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 far back does Social Security disability pay?

SSDI 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.

Can I track my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

How is SSDI back pay calculated?

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.

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 can I make money waiting for disability?

We have gathered a few options that can alleviate the burden and can help make money at home while you are disabled.Apply for Social Security Disability Benefits. ... Use Your Talent. ... Freelancing Work. ... Find Income Assistance. ... Rent Your Space. ... Sell Unwanted Items. ... Donate Blood For Cash. ... Seek Donations.

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.

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.

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 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.

How long does it take to get a decision from a judge?

Once you have a hearing, it will take approximately two to three months to receive a written decision in the mail from the Judge. The Judge will write a 10-15 page decision, regardless of the outcome, explaining why she or he decided favorably or unfavorably.

Can I get a disability hearing faster?

There are many reasons to get legal representation when you suffer from a disability and are looking to get disability from the Social Security Administration. Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly. Can a lawyer help you get a hearing more quickly? No. 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. Can a lawyer help you get your benefits more quickly if you win? Possibly, especially if your lawyer has been handling Social Security Disability cases and has a relationship with the Social Security Administration. But are either of these a guarantee? Unfortunately, no. This is the case whether you have the top disability lawyers in Maryland or are representing yourself. The good news, though, is that our Social Security disability lawyers at Greenberg and Bederman are familiar with the law judges and the staff at Social Security, and we understand the rules to help you get your disability claim through the system. We do this by writing briefs to Judges, presenting the briefs how each judge likes to see them presented, collecting the proper medical evidence to prove your case, getting documentation to prove that you have dire financial needs, and by giving you tips to optimize your chances of collecting SSD or SSI.

What is the Buffalo hearing number?

Your local hearing office, the Buffalo Office of Hearings Operations (OHO) may be able to give you an updated status on your case. Their number is 866-348-5819.

How long does it take to get a Social Security denial letter?

In a survey we took of our readers who had gone to a Social Security disaiblity appeal hearing, it took on average about seven weeks to get an approval letter after the hearing, and almost ten weeks to get a denial letter.

How long does it take for a judge to make a decision?

If your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. The average is eight weeks. You can also call your hearing office to ask about the status of your particular case.

How long does it take to get a decision from a hearing?

It can take anywhere from two weeks to three months or more.

Does Buffalo have a long wait for hearings?

Answer. New York's hearing offices are experiencing long wait times for hearings, and the Buffalo office in particular has a long backlog of disability cases. Long wait times for hearings also generally mean longer than usual wait times for the final decision letter. That said, it does often take longer to get a denial decision from a judge ...

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

How long do you have to wait to file a disability claim?

That’s why many applicants find that they wait six months to two years before finally receiving benefits. Here’s what you need to know about various types of claims and a brief overview of the four stages of application and appeals:

How many steps are there to reapply for disability?

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:

How long does it take for SSA to approve a claim?

First-time applicants win approval in 3-5 months, on average. In 2020, the SSA approved a little more than 1 in 5 first-time applicants. Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases.

How long does it take to get a federal appeals approval?

The amount of time it takes for you to win approval depends on which level of appeal your claim must go through. For example, some applicants who have their claim approved after reconsideration may be approved within six months. Applicants who take their claim to the appeals council for review may experience a wait time of two years. Appealing to a Federal court may take more than a year after the appeals council.

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 long does it take to get a disability hearing?

Some hearing offices say it will take approximately six weeks to receive a decision; some judges tell claimants they try to have the decision out in 30 days.

Do you get your benefits by the date of notice of award?

Some claimants actually receive their benefits by this date; but others do not . And some claimants will even find that a large backpayment has been deposited to a checking account before a notice of award letter has even been received.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

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.

How to prove you are not sedentary?

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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

How much can a disability attorney charge?

Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.

What is a contingency fee agreement?

Contingency Fee Agreement. When you first hire a disability attorney or nonlawyer advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the Social Security Administration (SSA) to pay your representative if your claim is approved.

What records do disability attorneys need?

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.

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 ...

Can a Social Security representative be paid out of past due benefits?

The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.

Does it cost to hire a disability representative?

It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.

Can a representative ask for money in advance?

Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.

First-Round Approvals

Reconsideration Approvals

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. This is by far the most important time for you to have representation for many reasons that are too le...

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