how to file for disability without a lawyer and win

Top Tips To Win Your Appeal.

• 1. File A Timely Appeal. Your group ERISA policy requires a timely written comprehensive appeal.
• 2. Include The Correct Paperwork. For a proper appeal, you will need to submit medical, vocational financial, and occupational proof of your ...
• 3. Attach A Detailed Letter Of Support. Please let family, friends, co-employees, doctors, caregivers who can outline how hard you tried to get better ...
• 4. Be Honest. Under no circumstances should you exaggerate or lie in your appeal letter or any documentation you file with your insurance company. Not ...

Full Answer

Can I win my disability case without a doctor?

However, there are ways you can improve your chances of winning even without your doctor. A consultative examination (CE) is an examination performed by a doctor who has been hired by the SSA. CEs are not always helpful to the claimant; however, if you don't have a doctor who will work with you, it may be helpful to request one.

Can I win a Social Security disability hearing without an attorney?

There is no guarantee of winning a disability hearing with or without the presence of competent and experienced social security representative or attorney.

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.

Can I find a free Social Security disability lawyer?

While you probably won't find a lawyer for free, Social Security disability attorneys offer free consultations where you can discuss your case and get some feedback at no cost. Free consultations can take place on the phone or in person, and usually last from 30 minutes to an hour. How Do Disability Lawyer Fees Work?

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 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 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.

What is the first step in applying for Social Security disability?

Step 1 — Go to www.ssa.gov/benefits/disability and select “Apply for Disability.” Step 2 — Fill out the Disability Benefit Application. Step 3 — Answer the disability questions. Step 4 — Mail or take the documents we ask for to your Social Security office.

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What conditions are automatically approved for disability?

Some of the conditions that may automatically qualify the policyholder for social security disability benefits include:Musculoskeletal system and connective problems including: Arthritis. ... Mental disorders including: ... Cardiovascular conditions and circulatory disorders: ... Cancer.Nervous system and sense organs conditions:

Is Social Security getting a $200 raise?

0:0010:52Coming Back?! $200 Raise for Social Security, SSDI, SSI, VA Monthly ...YouTubeStart of suggested clipEnd of suggested clip200 per month raise for social. Security including retirement disability ssdi survivors ssi and vaMore200 per month raise for social. Security including retirement disability ssdi survivors ssi and va beneficiaries is it coming back well i have all the details.

What qualifies as a disability?

Disability is the umbrella term for any or all of an impairment of body structure or function, a limitation in activities (the tasks a person does), or a restriction in participation (the involvement of a person in life situations).

How do you determine how much disability you will receive?

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 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 long does it take to get first Social Security check after applying?

Once you have applied, it could take up to three months to receive your first benefit payment. Social Security benefits are paid monthly, starting in the month after the birthday at which you attain full retirement age (which is currently 66 and will gradually rise to 67 over the next several years).

How many months in advance should you apply for Social Security benefits?

four monthsIf you were born on the first or second day of the month, you meet this requirement in the month of your 62nd birthday. If you were born on any other day of the month, you do not meet this requirement until the following month. You can apply up to four months before you want your retirement benefits to start.

Who should hire a disability lawyer?

Claimants who do not meet the above examples and who must prove through a vocational allowance that they cannot work should talk to a disability lawyer. These cases will most likely be denied at the initial application level and an appeal will have to be made to get SSDI or SSI benefits.

What is the blue book for SSA?

Claimants who have a condition which“meets or exceeds a listing” on the SSA Listing of Impairments (informally known as the Blue Book) will be considered automatically disabled, assuming they meet the nonmedical requirements of SSI or SSDI.

Can I apply for SSDI without a lawyer?

A common question we get each day on our disability forum is, “Can I apply and win SSDI or SSI disability benefits without hiring a disability lawyer?” The simple answer is absolutely. In fact, there are many claimants who should not hire a lawyer because they can expect to get approved the first time they apply. Below we will examine what applicants should not need a lawyer and which applicants will probably eventually need to seek legal help.

Do you have to have medical records to get SSDI?

There are several types of SSI and SSDI applicants that should be approved for disability benefits the first time they apply, assuming they meet the nonmedical requirements of SSI and SSDI and have sufficient medical records to prove their condition exists.

How to find a disability lawyer?

You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.

How Do Disability Lawyer Fees Work?

Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award. In the unlikely event that your disability application is approved with no backpay award, your lawyer would not be entitled to collect a fee unless he or she submitted a special fee petition to Social Security and it was approved. But since applications take at least a month and usually much longer to process, there are always back payments owed to disability applicants.

What About Legal Aid Organizations?

There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.

When did legal aid stop?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney.

Do I need a lawyer for SSI?

If you're applying for Social Security disability or SSI, hiring a lawyer will give you the best chance of winning your claim. Don't be scared of the hefty up-front fees charged by some lawyers —Social Security attorneys only charge you a fee if you win your case. If you don't win, there's little or nothing to pay.

Does legal aid help with Social Security disability?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases. (For more information, read our article about finding a lawyer for an overpayment problem .)

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

How to keep up with your disability claim?

Keep up with your case. You should know at all times what is happening with your disability claim. This will involve periodic calling to get status updates on your claim. Why is this a good idea? It makes sense for several reasons. First of all, by calling the disability examiner at DDS (Disability Determination Services), you can sometimes "spur" the examiner to work a bit faster since, as the saying goes, "the squeaky wheel gets the grease." Disability examiners generally do not like to receive calls from claimants, and claimants who call quite often will sometimes have their files worked on faster simply to free the examiner from excessive phone calls. Secondly, by calling for status updates, you can verify that whatever paperwork you have submitted (such as responses to questionnaires and appeal forms) was actually received. Social Security offices are legendary for not being able to locate claimant-submitted paperwork and asserting that it was "never received." For information about checking your status, see our section on waiting for a disability approval.

How to list sources of medical treatment on a disability application?

List in detail on the disability application ALL sources of medical treatment, along with the names of the doctors who have provided treatment, the addresses of hospitals and clinics that have been visited, and the dates of treatment for each facility. Make sure Social Security gets your medical records going as far back as possible to ensure that you receive the maximum amount of benefits for which you are entitled (if you applied for Social Security disability after you became disabled, you could get retroactive disability benefits ).

Can you get disability benefits retroactively?

Make sure Social Security gets your medical records going as far back as possible to ensure that you receive the maximum amount of benefits for which you are entitled (if you applied for Social Security disability after you became disabled, you could get retroactive disability benefits ).

Why can't a doctor help with disability?

Sometimes your doctor will not help with your disability claim because he or she does not have the expertise to assess the full effects of your condition on your ability to work. In this case, a CE with a specialist could be helpful. This may be true in cases of low I.Q., for example, where a general practitioner is aware ...

What happens if you don't have a supportive statement from your doctor?

If you get to the hearing level and still do not have a supportive statement from your doctor, the administrative law judge (ALJ) who hears your case will want to know why a doctor won't help you. Be ready to explain this honestly to the judge.

What are the pros and cons of finding a new doctor?

Here are some possible pros to finding a new doctor. A new doctor may be more familiar with your particular condition and understand better how it affects you. A new doctor may be more familiar with the disability process. A new doctor may have a staff that is trained at responding to request for information from the SSA and your attorney.

What to do if your doctor won't help you?

If your doctor will not help you with your claim, you can consider finding a new doctor. Note, however, that this can be helpful or harmful to your case. You need to be aware of and carefully weigh the pros and cons of finding a new provider.

Can the SSA decide you are doctor shopping?

The SSA may decide you are doctor shopping -- that is, visiting new doctors until you find one who will say you're disabled -- if your records reflect visits to multiple doctors without establishing any sort of doctor/patient relationship with them.

Do ALJs wade through medical records?

ALJs and SSA employees will not wade through piles of irrelevant documents to look for what is helpful. Bad evidence. Don't weed out bad (unhelpful) evidence that may be in your records. ALJs are trained to spot holes that may indicate a claimant has removed relevant, if unhelpful, medical records.

Is a new doctor more sympathetic to people trying to get disability?

A new doctor may be more sympathetic to people trying to get disability.

Why do people appear unrepresented in disability hearings?

Claimants who appear at hearings unrepresented and win their benefits will most likely do so because the medical evidence supporting their case is fairly obvious. In many instances, it may be that the prior decisions reached by disability examiners (who worked on determining the application for disability and the request for reconsideration appeal) were faulty due to a misinterpretation of the medical evidence in the file.

Do you have to go to a disability hearing?

In these instances, the claimant should never have been required to go to a disability hearing, or to wait so long before receiving Social Security Disability or SSI disability benefits.

Can an unrepresented claimant win a Social Security disability hearing?

Can an unrepresented claimant win at a Social Security Disability hearing? Yes, and in fact statistics on disability hearing decisions in recent years have indicated that approximately forty percent of those claimants who go to their social security hearings by themselves will be approved for disability benefits.

What happens if you don't see a doctor?

If you haven't seen a doctor for your medical condition, and you aren't receiving any kind of treatment for it , it will be hard to convince Social Security that it is serious. In addition, if you aren't taking medication or receiving medical treatment for your condition, Social Security won't know whether your condition could quickly improve ...

What If I Can't Afford to Go to a Doctor?

For some individuals, regular doctor appointments are a luxury they cannot afford. The cost of medical insurance for an individual or family is not financially feasible for many of today ''s working class or middle-class citizens, unless one member of the family works for an employer who offers some sort of insurance benefit.

Can a Disability Lawyer Help?

If you haven't been able to see a doctor, or have only seen a doctor once or twice, a disability lawyer can develop medical evidence through testimony or by hiring a medical specialist to review your case. For more information, see our article on developing evidence of disability when you haven't seen a doctor.

Do doctors get paid to do disability exams?

The physicians who perform consultative exams are not employees of Social Security, although they do get paid to perform examinations for disability claims. At a minimum, keep in mind that physicians who perform CEs have contracted with Social Security to provide an opinion on a claimant ''s ability to work.

Can Social Security deny disability?

Social Security cannot deny disability applicants benefits just because they haven't been to a doctor. There are several acceptable reasons for not seeking medical treatment.

Will a Consultative Exam Help Me Win Disability Benefits?

Because not having sought medical care for your condition hurts your credibility, even if you go to a CE, you are not likely to win benefits without at least some other medical evidence. So you should try to get some sort of medical attention prior to filing for disability, even if it means you need to visit a free clinic or an emergency room, so that you have something in your medical record. The ideal of course, is to establish a relationship with a primary care physician who can supply Social Security with a diagnosis, a prognosis, a date of onset of disability, and a detailed list of your physical and/or or mental limitations. Having a residual functional capacity (RFC) form from a treating physician can greatly improve your chances of approval (particularly at the appeal level).

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.

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.

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.

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 ...