how long for ssdi with s lawyer

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

wants to see and hear.

Full Answer

Do I need a lawyer to get Social Security disability?

Jul 27, 2021 · Merryl Jones - Second Chance Lawyer discusses how long it takes to obtain SSI or SSDI when working with an SSI lawyer. For more information, contact our team today! Call Today! 800-749-3612. ... Supplemental security income, another kind of benefit recipients may receive, was approximately $794 for individuals and $1,191 for couples in 2021. ...

How long do you have to wait for Social Security disability?

Jun 07, 2010 · How long does it take to file for SSD or SSI? 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.

How much does a Social Security disability lawyer cost?

Nov 08, 2021 · 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 wants to see and hear.

How long is the Social Security disability reconsideration process?

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 called an on the record review to expedite your case. The On the Record Review allows them to request the judge look at your case without a hearing.

How long does it take to get a disability claim?

According to the SSA, the average processing time for disability benefit claims is 103 days in 2018. But some disability reviews may take up to two years. Some factors that can affect the turnaround time include: A disability lawyer knows what the SSA wants to see and hear.

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.

How to get disability approval?

To help you get approval at this stage, your lawyer can: 1 help you gather substantial medical evidence proving the extent of your disability 2 present a clear and concise argument as to why you deserve the benefits 3 negotiate your disability onset date 4 convince the Attorney Adjudicator on the specific merits of your case

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.

Can a disability lawyer speed up SSDI?

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.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

Can I get back to work after SSDI?

The Social Security Administration expects that you would return to work as soon as possible. You might still qualify for benefits after you condition improves but you would need to fight for them again. If you need help extending your benefits on a closed period SSDI claim, get an attorney.

What is SSDI disability?

SSDI is Social Security Disability Insurance. SSDI is meant to help people through short periods of time where they are physically unable to work. In some cases, SSDI may be the only way for a person to have an income while developing a new skill as they are no longer able to do the same type of work. Typically the payouts for SSDI are ...

Can I work while on disability?

Unfortunately, if you try to work while receiving disability, it has the chance of ending your benefits right away. An SSI disability lawyer can help you navigate the legal waters while allowing you to focus on your finances.

What is the difference between SSDI and SSI?

Between SSI and SSDI the two huge differences are the time frames that someone can receive benefits and the payouts. SSI is Supplemental Security Income which is usually a much smaller payout. However, people can receive SSI benefits for many years with very little struggle to keep their benefits. Many people who collect SSI benefits are in static ...

Is SSI disability on a schedule?

SSI disability is not on a set schedule for anyone. There is no guide or chart to show you how long you can receive benefits. Speak with a SSI disability lawyer at Tabak Law for help understanding your situation.

Eligibility

For starters, to determine whether you qualify to receive SSDI, it’s important that you meet certain eligibility requirements. 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.

Initial Application

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.

Reconsideration

If, like 70% of applicants, you’ve had your claim denied in the first stage, you can submit your claim for reconsideration. Here, a claim examiner at the Disability Determination Service (DDS) will review the application thoroughly, which can take several months.

ALJ Hearing

This is when having competent legal representation comes in handy. If your claim was rejected a second time after reconsideration, you may request a hearing in front of an Administrative Law Judge (ALJ) at a state court.

Appeals Council

In the event where your claim is yet again denied by an ALJ, the next stage involves filing for a review with the Appeals Council. This council consists of Administrative Appeal Judges (AAJ) whose job is to review the decision ruled by the ALJ. Chances of approval here are extremely low, 1% on average.

Federal Court

Lastly, as a last resort, you may file a lawsuit at the federal court. In practice, approval rates are barely even higher than the Appeal Council.

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 does a disability lawyer do?

A disability lawyer generally gets a quarter of your Social Security back payments, if you win. Social Security attorneys work "on contingency," which means that they collect a fee only if they win your disability claim. Whether you are applying for SSDI (Social Security disability) or SSI (Supplemental Security Income), ...

Do you have to pay upfront for a disability case?

While lawyers in Social Security disability cases cannot charge upfront fees for their time, they are allowed to charge a reasonable upfront fee to cover expected expenses in a case. So some attorneys will ask you to pay a small amount in advance to cover the costs associated with your case.

How much does it cost to copy a medical record?

Usually, copying and mailing costs in a case are not more than $100 - $200.

How do most Disability Lawyers decide which cases to take?

The initial screening for whether or not a disability lawyer will take a disability claimant’s SSI or SSDI case varies by disability attorney.

Does a disability lawyer care if the claimant has filed multiple claims?

Although some inexperienced disability lawyers may hesitate to take a claimant’s SSI or SSDI case if they have filed multiple times and been denied, it could mean that the claimant is really disabled if they are willing to fight for benefits so tenaciously.

Why do some disability attorneys refuse to take a SSI case?

There are some disability lawyers who do not take Supplemental Security Income (SSI) cases. There are several reasons for this but the main reason is that there is no waiting period for SSI benefits, there is no retroactive payments, and the SSI payment is based on the federal benefit rate.

Other factors in the disability lawyers decision making

Another factor the SSI or SSDI lawyer will consider prior to taking a SSI or SSDI case is the claimant’s age. GRID rules were created in 1979. These rules identified how age would be considered in the disability process.

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

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.