how to find a lawyer for social security disability

by Prof. Horace Carroll 3 min read

Tips You Can Follow For Finding Social Security Disability Lawyer.

  • 1. You Can Ask People Who Are Going Through Similar Process. The best way to seek the recommendation is to ask those people who have faced a similar ...
  • 2. Make An Enquiry About Lawyer With Your Friends & Family Members.
  • 3. You Can Ask The Lawyers Who Have Existing Relationship With.
  • 4. Cross-Check With Local Bar Association.
  • 5. From Internet & Social Networking Sites.

If you cannot find an attorney for your case through personal connections, several organizations have referral services. The National Organization of Social Security Claimants' Representatives (800.431. 2804) can refer you to an attorney specifically for a disability determination through Social Security.

Full Answer

How to find the Best Social Security lawyer?

  • Schooling
  • Internship
  • Licensing / Fingerprinting / Background check
  • Weapon licensing
  • Professional development

How to find a good disability lawyer?

  • 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. ...
  • The person you speak to might ask you some basic questions about your disability. ...
  • If the lawyer does not handle disability cases like your own, then you should be told that fact. ...

Should you hire a disability lawyer?

Unless your case is very clear cut and the evidence points strongly to your disability, you might be better off hiring an attorney. And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

How can I get a disability lawyer for free?

The benefits of hiring a disability lawyer:

  • You get professional legal advice at all times.
  • A lawyer will do most of the legwork after you fill out basic forms.
  • Lawyers might know legal loopholes to help your case work out in your favor.
  • You can have the support that comes from having someone who is on your side (even though that’s their job).

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Does everyone get turned down the first time for disability?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

How do I fight Social Security disability?

Appeal forms are available for download at www.ssa.gov/forms. You can also call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), or contact your local Social Security office to request appeal forms be sent to you.

Can you be disqualified from Social Security?

You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

Does SSA accept power of attorney?

No. The Social Security Administration does not recognize power of attorney as conferring authority to manage another person's benefits.

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.

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.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What is the lowest Social Security payment?

DEFINITION: The special minimum benefit is a special minimum primary insurance amount ( PIA ) enacted in 1972 to provide adequate benefits to long-term low earners. The first full special minimum PIA in 1973 was $170 per month. Beginning in 1979, its value has increased with price growth and is $886 per month in 2020.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What disqualifies you from being a payee?

REMEMBER: The Social Security Act prohibits anyone from serving as payee if he or she was ever convicted of a violation under section 208, 811, or 1632(a). This prohibition is permanent; that is, if an individual was ever convicted under one of these statutes, he or she is barred from serving as payee for life.

Can SSI check my bank account?

Can Social Security Check My Bank Account? In short, yes. When you file your SSI claim, you must give the Social Security Administration permission to use its AFI to contact financial institutions and request any financial records that the financial institution may have about you.

Can a payee go to jail?

Payees are required to spend the beneficiary's money only on the payee's medical needs and personal expenditures. If a representative is caught misusing a beneficiary's funds, he or she will not only have to repay the beneficiary, but also face fines and even imprisonment if found guilty.

How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

Who is more likely to have disability claims approved?

A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

How long can you wait to receive back pay from SSA?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

Is the Blue Book written for disability?

The Blue Book can be difficult to understand as it is written for medical professionals or disability advocates. The need for a Social Security disability lawyer arises when your initial claim for Social Security Disability is denied. It is at this point that you should consider hiring an attorney to represent your interests.

Tips You Can Follow For Finding Social Security Disability Lawyer

When you find any social security disability lawyer, you must follow certain basic norms to get things done correctly.

Which Factors Must You Consider Before Selecting A lawyer?

You must consider several factors at your end while you want to select the best social security disability lawyer for your case. Some of them are as follows:-

Final Take Away

Hence, if you want to get the best assistance from the Social security disability lawyer then you can follow the mentioned points to get the things done in your favor. A proper selection of lawyers can make your life easier.

What to do if you have an attorney on disability?

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help you with your overpayment. The attorney will already be familiar with you and your disability case, and might be more willing to help you than an attorney who did not have a relationship with you.

How long does it take for a Social Security attorney to return money?

If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

What does Social Security consider when deciding a fee?

Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security ...

Where do attorneys hold their retainers?

Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...

Do disability attorneys overpay Social Security?

Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases.

Do you need an attorney to apply for social security disability benefits?

Although you don’t necessarily need an attorney to apply for social security disability benefits, we strongly advise that you reach out to a professional before even submitting your application. Applying for benefits is not a quick or straightforward process.

How a social security disability attorney can help

When initially applying for your SSDI benefits, your social security disability attorney can help you decipher what your alleged onset date (AOD) is, which determines when you were first eligible for benefits. This date can be claimed as far back as 12 months before the date of your application.

What happens during the SSDI application process?

The first step when filing for your SSDI is to fill out the initial application. With the help of an attorney, you can be sure that your information is valid and that there are no minor mistakes that could possibly get your case denied. If you’re accepted, you can expect to start receiving your benefits in the first couple of months post-approval.

How long does it take to get social security disability benefits with a lawyer?

The path to benefits is a lengthy one. After your initial application is sent to the Social Security Administration, government data suggests that the average wait time to receive a decision is about three and a half months.

How much does a social security disability attorney cost?

In most cases, you will not need to pay your social security attorney unless you are awarded your benefits. In order to charge you after you’ve won your case, your representation first needs to file a fee agreement with the SSA.

How to find a social security disability attorney who will fight for you

It is of utmost importance to find a local disability attorney that you trust and respect. You’ll want to make sure you feel that there is an open line of communication that can be reached at any point during your process. Your SSDI attorney’s genuine and caring attitude can be just as important as their experience and knowledge.

Do I need a lawyer for an appeal?

But for an appeal to the Appeals Council, you'll definitely want to hire a lawyer. And since you'll pay a lawyer and a nonlawyer representative the same amount, it can make sense to hire a disability lawyer from the start.

Do lawyers represent Social Security?

First and foremost, ask if the lawyer has experience in winning disability claims for your medical condition. Typically, most lawyers who represent Social Security disability applicants are fairly busy, due to the large number of disability claims moving through the system.

What Should I Look for in a Disability Lawyer?

The first thing you should consider when hiring a disability lawyer is whether the lawyer is qualified in dealing with your type of disability issue. Beyond that, you should consider whether the lawyer is in good standing and is a professional when dealing with your case.

Where Can I Find a Disability Lawyer?

The internet has made it easier to find service providers, like attorneys. The disability legal practice is quite broad so there are likely to be listings of lawyers in different places.

Hiring a Disability Lawyer: What is The Nature Of Your Claim?

As indicated above, disability laws are quite complex and often touch on a variety of other areas of law. So before you hire a lawyer for your disability claim, it’s important to understand the nature of your claim so you find the right one.

Should I Consult With a Lawyer to Help with My Disability Related Lawsuit?

Disability issues can impact different areas of the law so it is important that you find a social security lawyer who can expertly handle all aspects of your case. You might even consider reaching out to some of the free and reduced costs services like local legal clinics and legal aid centers.

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