how long for disability with lawyer

by Mr. Eleazar Hartmann II 7 min read

Though it’s hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months. Social security disability attorneys already know what the SSA

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 …

wants to see and hear.

Full Answer

Should I give my attorney a percentage of my long-term disability benefits?

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 …

When should I hire a Social Security disability attorney?

If you have filed for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you have probably waited 90 to 120 days for the Social Security Administration …

How long does it take to get disability benefits?

If you file a request for a hearing you can expect to wait up to one year in some parts of the country for your hearing to be scheduled. In some cases a disability lawyer can request what is …

Why hire an attorney for a Ltd disability claim?

Be wary of attorneys who insist on collecting a portion of your future benefits as well. If you receive disability benefits for ten or even twenty years, your attorney could end up collecting a …

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

three to four months
The average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months. Reconsideration. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision.

How long does it take to get SSDI Once approved?

one to two months
Unfortunately, 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 is the most a disability lawyer can charge?

$6,000
First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

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.Feb 10, 2022

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.Dec 16, 2021

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.
  • “I can't work because no one will hire me.” ...
  • “I don't know why I'm here. ...
  • “I don't do chores because my significant other, friend or family member does them.” ...
  • “I have never used drugs or alcohol in my life.”
•
Oct 17, 2014

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

How does SSDI calculate back pay?

So, to calculate your entitlement date, you simply add 5 months to your established disability onset date, or your EOD. You use your entitlement date in order to calculate your SSDI retroactive pay.

How do I check 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 can I survive waiting for 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)Mar 2, 2021

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)
An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

Why does it take so long for Social Security 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.

In how long can you get disability benefits with an attorney?

There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.

Disability benefits application process

A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.

Factors affecting the disability benefits process

Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.

What can a disability lawyer do for you

Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:

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.

The Reconsideration Process

First, if you decide you want to appeal your SSDI or SSI denial you must either file the reconsideration forms yourself or you must contact a SSD disability lawyer and have them complete the reconsideration for you. The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

What happens in the Reconsideration Process?

Unfortunately, up to 80% of claimants are denied a second time in the reconsideration phase because the disability application is simply sent to another SSA disability examiner who reviews the claim a second time. Unless you have added additional medical information to your claim, it is unlikely your claim will be approved.

Should you hire a disability lawyer?

This is a great question, and there are several opinions. Some experts would suggest that it is a good idea to get a disability lawyer involved in your claim as soon as possible and have them complete your reconsideration appeal forms.

Do you need a disability lawyer for your hearing?

Unless you understand how to read medical records, the judicial processes, the disability rules and regulations and you know how to argue your case in court in front of an Administrative Law Judge (who you have waited months to see), it is a good idea to hire a disability lawyer.

What can the Disability lawyer do?

Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time.

Appealed SSDI, when will I hear from SSA?

Unfortunately, given the large number of disability applicants whether or not you hire a lawyer you are in for a long wait. Many SSDI applicants wonder if their lawyer is really doing anything for their case, but most likely they are waiting (just like you) and for large stretches of time there is not much they can do.

Bottom Line

Before your appeal your SSDI application review the process and make sure you have realistic expectations about what a disability lawyer can and cannot do to speed up your SSDI case.

Inside the Social Security Disability Claim Review 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 Security disability claims approval process? How many people handle one application? How does the agency investigate a person’s work history and confirm his or her medical condition? These are common questions many who are thinking about applying for SSD benefits ask themselves and their attorneys.

Why There Is Such a Long Wait for Social Security Disability Benefits?

While there may be ways to speed up the approval process, waiting for SSD benefits can take months—and even longer if you are appealing a denial. For some, not receiving Social Security disability payments can mean not paying bills or receiving needed medical care.

Getting Approved for Disability Benefits

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

You May Qualify for Legal Assistance

The last thing you want if you’ve recently become disabled is for this process to take two years or longer, so it’s a good idea to speak with an experienced Social Security disability advocate or attorney before you start the application process.

Hire a long-term disability attorney to avoid missteps that could cost you your LTD benefits

Please answer a few questions to help us match you with attorneys in your area.

What Can a Long-Term Disability Attorney Do for Me?

Employer-provided group LTD insurance is governed by ERISA, the Employee Retirement Income Security Act, a federal law that provides for very specific procedures and time limits for filing LTD claims.

When Should I Hire an Attorney?

It's never too early to hire an attorney to represent you in your disability case. As soon as you become unable to work, contact an LTD attorney to discuss how you should proceed. An attorney will generally give you a free consultation or case evaluation over the phone or in person, so there's nothing to lose.

How Much Will an Attorney Cost Me?

Most disability attorneys handle LTD cases on a contingency fee basis, typically charging between 25% and 40% the past-due benefits that the insurance company owes you. Under a contingency arrangement, you don't owe the lawyer a fee unless you win your case.

Finding a Long-Term Disability Lawyer

It's essential that you find an attorney with experience handling LTD cases rather than a general practitioner who will have to learn ERISA law on the fly. LTD cases are too complex and too important to be handled by a lawyer who doesn't specialize in disability law.

Understanding and Negotiating Your Lawyer's Fee

Before agreeing to a contingency fee, make sure you're clear on the exact percentage of your award the attorney will receive. Remember that everything is negotiable: if your attorney offers to take your case for 40%, consider making a reasonable counter-offer, perhaps at 25%.

Will My LTD Carrier Ever Pay My Attorney's Fees?

ERISA. The law governing most group LTD plans, the Employee Retirement Income Security Act (ERISA), contains a provision whereby a federal court can order your LTD insurer to cover your attorney's fees. Such an award is at the discretion of the judge, and it's by no means automatic.

Is Your Attorney's Fee Excessive?

Although attorneys sometimes go unpaid under contingent fee agreements, other times a lawyer will work on a case for only a few hours (or less) and, per the agreement, be entitled to several thousand dollars. This strikes many clients as unfair, and even lawyers themselves debate the ethics of it.

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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 Administration (SSA)is looking for and can prevent mistakes that …
See more on socialsecuritylawoc.com

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. Currently, only 13.6% of appeals on Reconsideration ar…
See more on socialsecuritylawoc.com

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...
See more on socialsecuritylawoc.com