how to apply for disability lawyer

1. Ask friends or family. You can get referrals by asking anyone you know who has used a disability lawyer in the past if they would recommend their attorney. [1]
2. Ask your attorney. You might have used a lawyer for a non-disability matter, such as to draft a will or to defend you in a criminal case.
3. Contact a bar association. If you don’t have any leads, or if you want more, then get a referral from your local or state bar association. [3]
4. Use a directory. Nolo, a website which focuses on the law, runs a directory of disability attorneys that you can use. [4]
5. Look at attorney websites. After you have the name of one or more disability lawyers, you should check their websites.

Full Answer

How do I hire a disability lawyer?

Call the lawyers. You should contact the disability attorney you selected as soon as possible and tell him or her that you would like to hire them. The attorney can then tell you about what next steps to take.

Do I need an attorney to apply for Social Security disability benefits?

If you are applying for Social Security disability benefits, then you should get an attorney to assist you. Some people attempt to apply for benefits on their own but then get a lawyer to handle the appeal. Other people hire an attorney when they first apply for benefits.

How do I find a disability attorney in my state?

Use a directory. Nolo, a website which focuses on the law, runs a directory of disability attorneys that you can use. You can click on your state and then type in your zip code.

How do I apply for Legal Aid for a disability case?

You may want to contact your local legal aid organization to see if they accept disability cases and what their fee policy is. You can find your local legal aid office in this directory from Legal Services Corporation.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What are the top 10 disabilities?

What Are the Top 10 Disabilities?Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries. ... Organic Mental Disorders. ... Neoplasms. Finally, the 10th top disability comes from neoplasms.More items...

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

Can someone help me get on disability?

If you need help applying for disability benefits, you can get help with your claim from various sources, so you don't have to go through the process alone. Attorneys, advocates, family members, doctors, and SSA representatives can help you when filing for disability.

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.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

Is Social Security getting a $200 raise?

Bernie Sanders have introduced the Social Security Expansion Act. The plan includes an increased cost-of-living adjustment for seniors, an extension of the program to 2096 and those who qualify to get $200 more per month. “One of my highest priorities is protecting Social Security, which millions of Americans rely on.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What is the average time to get approved for 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 do you survive while waiting for disability approval?

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)

Can I fill out paperwork for disability?

Even just filling out the paperwork for a social security disability filing can be difficult. An attorney can help you figure out the right way to do the paperwork and what you need to further support the information you’re using to file the claim. If you have an attorney, he or she can help you fill the paperwork out, go to court dates and will help you navigate everything that comes after you are successful with your claim.

Can I hire a disability lawyer after I file a claim?

You will need to retain the help of a disability lawyer before you file your claim. As Nicole found out the hard way, you cannot hire a lawyer after the claim has been filed. Although you can always use a Veteran’s Service Organization (VSO) like the DAV or VFW, it can work in your favor to have an attorney represent you in your claim.

Why Hire a Disability Lawyer for Your Case

Getting social security disability is not an easy process. You need an experienced disability lawyer because they understand the process. They also know how to best present your case so you have the best chance of getting approved.

Benefits of Hiring a Disability Lawyer

Before we consider how to find the best disability lawyer for your case, let’s take a closer look at the benefits of working with one. Here are some reasons to consider getting a lawyer before you begin the application process for social security disability.

Finding the Right Disability Lawyer

Certainly, you could go to Google and search for a disability lawyer near me. In some cases, that’s the first step. You’ll still get a long list of possible candidates. How do you narrow down to find the best lawyer for your case?

Get a Lawyer to Help You Get on Disability

Getting on disability can be quite a process. You want a disability attorney who understands the unique aspects of this type of law and what it takes to get an application approved.

What do disability attorneys know?

Disability attorneys know the dos and don’ts of disability claims. They know what should and should not be done to get your claim on the right track. The Blue Book, which is the medical guide used by the SSA, is difficult to read and everything is written using technical content.

What can an attorney do for a disability hearing?

In addition to helping you understand what medical information is needed, your attorney can assist you in collecting and presenting the relevant medical documentation . If your case does need to be appealed at a disability hearing, your lawyer can prepare you for that meeting, helping you to feel at ease and to know exactly what to expect.

How much back pay can an attorney get?

The SSA indicates that the lawyer cannot charge more than 25 percent of your back pay, but that figure is capped at $6,000. So, if you were awarded $38,000 in backpay, your attorney will not be paid more than $6,000 per SSA guidelines.

What is the benefit of hiring a disability lawyer?

First and foremost, an attorney will serve as your advocate. Bound by professional rules and ethical obligations, your lawyer will handle your case carefully. Further, working with the SSA can be like speaking another language.

What does contingency mean for disability?

Disability lawyers take claims on a contingency basis, which means that your lawyer doesn't require a payment for his or her services until you are awarded disability benefits. When you are awarded benefits, the SSA has laws that indicate how much the lawyer can charge.

What to do if you have been denied SSDI?

If you have already been denied, however, it is still a good idea to consider legal representation . From your first appeal to a disability hearing, a Disability lawyer or advocate is likely to be a valuable asset at any point in the SSDI application process.

Why are disability claims denied?

For example, the majority of disability claims are initially denied, often due to the applicant’s inability to provide sufficient medical evidence. Additionally, there are specific deadlines that must be met throughout the application process.

How much do disability attorneys charge?

The law also limits how much disability attorneys can collect. Generally, a disability attorney can only collect as a fee 25% of your past-due benefits up to a maximum of $6,000.

How to get referrals for disability?

Ask friends or family. You can get referrals by asking anyone you know who has used a disability lawyer in the past if they would recommend their attorney. Co-workers may be a good source of information as well.

How long does a disability consultation last?

You should be able to get a free consultation with a disability attorney. It usually will last from 15-30 minutes. Call your top two or three lawyers and ask to schedule a consultation. Don’t be surprised if you don’t talk to the lawyer directly.

What to do if a lawyer doesn't know how to explain legal concepts?

If the lawyer doesn’t know how to explain legal concepts in a way that you understand, then you might not want to hire the lawyer. Your gut instinct. Trust your gut. If more than one attorney seems qualified to you, then go with the one your instincts are telling you to choose.

How to find a local bar association?

To find your local bar association, type “your state” or “your city” and “lawyer bar association.”. Most should run a referral program. In some states, the bar association will give you the name of one attorney to call. In other states, however, you can search through an online directory of lawyers based on specialty.

How to find your state's disciplinary board?

To find your state’s disciplinary board, you can type “your state” and “attorney discipline” or “lawyer complaints” into your favorite web browser. Avoid a lawyer who promises a specific outcome. Any attorney who promises a certain result is behaving unethically.

Can an attorney promise to help you get approved for disability?

For example, an attorney cannot promise that you will get approved for disability or that your case will go faster if you hire the lawyer. However, an attorney can give you an honest assessment of your case. He or she can point to the strengths or weaknesses and promise to try to find ways to improve your case.

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 many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

What factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

What to do if you don't get approved for disability?

If you don’t get approved for disability benefits, you owe us nothing. If you would like to apply for SSI or SSDI benefits with an advocate, call us 201-720-1434 or fill out our online form for a free evaluation of your claim.

How can a disability advocate help you?

How a Disability Advocate Can Help You With Your Appeal. Instead of hiring a lawyer for your social security disability appeal, consider getting an advocate. Unlike social security disability appeal lawyers, advocates have specialized knowledge of disability rules. In fact, disability advocates must be certified by the SSA to represent claimants.

How long do you have to appeal a disability claim?

If the SSA denies your initial application for benefits, you need to submit an appeal 60 days after your denial. You can do this online or through the mail. During your appeal, the Social Security office lets a different examiner review your application. If this examiner determines that the first reviewer made a mistake, they approve your appeal. Applications denied in this step must apply for a disability hearing to argue their case in front of a judge.

What to do if the SSA denies your appeal?

If the SSA denies your reconsideration appeal, you must request a hearing with one of their official hearing offices. The SSA then sends your case to the office serving your area and sets up a hearing date.

What to expect at a disability hearing?

Questions to Expect During Your Disability Hearing. The disability hearing usually intimidates claimants, especially if they decide to represent themselves. At your hearing, the judge will hear testimony from a vocational expert (VE) hired by the SSA.

How long does it take to get a disability hearing?

Usually, this part of the disability benefits application process takes the longest. Some claimants must wait upwards of two years in some states to get a hearing.

What happens if the SSAC denies your claim?

After this review, if the SSAC denies your claim, you have the option to file a lawsuit in U.S. District Court. However, very few claims ever make it this far.

What happens if you don't get disability?

If you don't get benefits, the lawyer doesn't get paid. But if the Social Security Administration (SSA) approves your disability application, it will pay your attorney a percentage of your past-due benefits (or " backpay "). For cases that are resolved at the hearing stage and have a fee agreement, there's an upper limit on the lawyer's fee: 25% ...

Do disability lawyers charge fees?

When Disability Lawyers Don't Charge Anything. Aside from the fact that lawyers generally won't receive a fee if their clients don't get an award for Social Security disability, a few of our readers' attorneys didn't take any payment even when they won the case.