how soon should you speak to a lawyer when trying to file for disability

by Ms. Sarai Stroman 8 min read

Request a Consultation As Soon As Possible
As soon as you start thinking about or know that you might qualify for Social Security Disability, reach out to an experienced disability lawyer. You do not automatically receive benefits if you are disabled, and there are deadlines for filing that you must follow.
Feb 17, 2020

Should I get a lawyer before I file a disability claim?

Jul 09, 2018 · However, if you are ready to take the first steps, you might now be wondering if and when you should speak to a disability lawyer. You do not need a disability lawyer when filling out your initial application. To learn more about when you should file for social security benefits, check out our page here.

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

How can a disability lawyer help you prepare for a hearing?

When should I retain a disability benefits attorney?

Jun 28, 2021 · When dealing with Social Security cases, disability lawyers are a must. If you think that you cannot continue your work for medical reasons, …

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What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

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

about 3 to 5 months
Generally, 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.

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 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.

How can I get my SSI faster?

Here are some more ways to speed up your disability application.
  1. Requesting an OTR Decision. ...
  2. Requesting an Attorney Advisor Decision. ...
  3. Compassionate Allowances List. ...
  4. Terminal Illnesses. ...
  5. Presumptive Disability. ...
  6. Dire Need. ...
  7. Military Service Members. ...
  8. Contacting a Member of Congress.

There are various reasons for hiring these individuals, the first being their judicial understanding and experience

There are various reasons for hiring these individuals, the first being their judicial understanding and experience.

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When You Should Talk to a Disability Lawyer

If you think that your disabling condition can help you qualify for Social Security Disability Insurance benefits, it can help your cause taking the step to talk a disability lawyer. Luckily for you, Social Security is one of those few functional areas where the costs required to help your case is always pre-determined.

Why Should You Hire a Disability Lawyer?

Your chances of getting Social Security Disability significantly increase when you hire a disability attorney. While it is true that few people apply for disability benefits and get their cases approved right away, that is not ALWAYS the case.

Reasons to Talk to a Disability Lawyer

If you get injured or become ill and can no longer work, it might be tough for you to analyze whether your circumstances qualify for disability benefits or not. As a result, consulting a professional on the matter is worthwhile, especially if you’re unsure about whether you want to pursue the possibility of government benefits.

Wrapping Up

If you are disabled and your long-term disability is a hindrance in your ability to work and make a living for your family, you should think of applying for disability benefits. Your disability attorney will collect the necessary information from you to file your claim the RIGHT way.

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.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

Can a lawyer help with Social Security disability?

Social Security Disability attorneys understand the application process. They know how to present your case in a way that makes your disability obvious and not a matter of conjecture, and can assist you in obtaining the necessary medical documentation from your doctor and the hospitals where you received treatment. A lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced.

What happens if you are denied a disability?

When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

How long does it take to appeal a denial?

For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases. If the claim gets denied at the administrative law hearing, you will advance to the appeals council stage which takes anywhere from 14 to 18 months after you file a request for review.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

What is a disability attorney?

Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

Why hire a disability lawyer?

Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...

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