how to get approved ssdi without a lawyer

by Chaim McCullough 10 min read

If you are a SSI or SSDI

Social Security Disability Insurance

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …

applicant who has a condition listed as part of the Compassionate Allowances (CAL) program (a list of 100 conditions including acute leukemia, adrenal cancer, Early-Onset AlzheimerÂ’s Disease, bone cancer and bladder cancer which the SSA

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

assumes are so severe and debilitating that you will not be able to perform substantial gainful activity) than your claim should be approved the first time you apply and you will not need to hire a disability lawyer.

You can submit the request online or print the forms (Form SSA-3441, Form SSA-827, Form HA-501) and bring it to the SSA office nearest you. They also accept applications by phone. Just contact your local SSA office.Jul 5, 2020

Full Answer

Do I need a lawyer to apply for Social Security disability?

Obtaining disability benefits can be complicated, but an experienced SSD lawyer can help you when applying. Consider the Good Law Group for your representation – call (847) 577-4476.

Do you know disability secrets that lawyers know?

Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online. IMPORTANT: Did you have an unexpected/abrupt accident or illness? If a sudden disability makes working obviously impossible on a short-term basis, you may be exempted from the five-month rule.

How does the SSA decide if a disability claim is approved?

The SSA looks closely at all your different income sources before approving your claim. So if you get more than $1,260/month (even while unemployed), the SSA will deny your claim. The SSA does this to ensure only those who truly need financial assistance receive disability benefits.

Is it hard to get approved for disability benefits?

Getting approved for disability benefits isn’t easy, especially if your condition isn’t visibly severe or terminal. But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program.

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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 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.

How can I prove that I'm on a disability?

Statements or letters on a physician's/medical professional's letterhead stationary. Statements, records or letters from a Federal Government agency that issues or provides disability benefits. Statements, records or letters from a State Vocational Rehabilitation Agency counselor.

What disqualifies a person from disability?

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).

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 can I survive waiting on 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)

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 type of documentation would be required for a disability claim?

This includes medical records, doctors' reports, and recent test results; and. Award letters, pay stubs, settlement agreements or other proof of any temporary or permanent workers' compensation-type benefits you received [more info].

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.

How hard is it to get on disability?

Approval Rates For Denials. Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.

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...

Is anxiety considered a disability?

Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

What happens if you don't have a lawyer at a disability hearing?

If you don’t have legal representation at the hearing, the judge won’t expect you to act like an attorney. They will walk you through the process. You also won’t be expected to know medical terms like a doctor. Instead, the questions will largely focus on your personal experience and how your disability affects your capacity to do things.

What to do if SSA denies claim?

First is filing a written request for reconsideration. If the SSA still denies your claim, you will need to go to an Administrative Law Judge (ALJ) hearing. If after the hearing your claim still got denied, you can go to the Appeals Council who has the final say.

How long does it take to get a hearing with the ALJ?

Like the request for reconsideration, you only have 60 days to request a hearing with the ALJ. You can submit the request online or print the forms (Form SSA-3441, Form SSA-827, Form HA-501) and bring it to the SSA office nearest you. They also accept applications by phone. Just contact your local SSA office.

How long does it take to get a reconsideration from the SSA?

When filing for reconsideration, the first thing you need to do is make sure you file your request promptly. The SSA only gives you 60 days to file a request for reconsideration. If you fail to do so, you will have to start the application process all over again.

How long does it take to get notified of an ALJ decision?

You will be notified of the ALJ’s decision within a few months after the hearing. If your claim is denied, you can take your case before the Appeals Council.

What happens if you are denied a disability?

If you get denied, you won’t have to pay anything. It’s essentially a win-win situation. But if you’re confident that you can win your case yourself, here are some tips and tricks to ace the disability appeals process.

Do lawyers know disability laws?

First of all, lawyers have extensive knowledge of the legalities concerning disability claims. They know what the law says and therefore can determine what particular provisions apply to your case. Since they handle a lot of disability cases, they already know the system like the back of their hand. They know what the SSA wants to see and how ...

What is disability attorney?

A disability attorney is an irreplaceable resource when filing out applications, keeping paperwork organized, and aiding you in the appeals process if necessary. They are also required to not take pay unless you accept their help and your case is won.

Where can I apply for SSDI?

Applications for SSDI can be found on the SSA’s main website . FAQs and other important information can also be found here if you have any questions about the application or the process. Applications can also be filed in person at your local Social Security office.

What to include in a disability application?

Before applying for either program, it is important to have all paperwork of income and past work on hand. Notes from past bosses and coworkers can also be included to help show your inability to work due to your disability. This will also help the SSA determine when your disability started, so they can decide when payments should begin.

What tests are required to qualify as disabled?

If they aren’t sure of their breathing capacity, the Blue Book lists multiple tests (spirometry tests, DLCO tests, oxygen saturation tests, etc.) that can be performed by a physician to check. These tests would then be included on the application.

What is the Blue Book for Social Security?

All Social Security applications are evaluated by first using the “Blue Book”. This book lists all disabilities approved by the Social Security Administration (SSA) and the requirements one needs for qualification. The Blue Book is available online for anyone looking to see if their diagnosis will qualify.

Does the SSA evaluate past work?

The SSA also evaluates income and past work when looking over your application. Depending on your history, you may qualify for different benefits.

Is Social Security necessary for disabled people?

For the millions of Americans suffering from disabilities, Social Security benefits are extremely necessary . From additional monthly income to health insurance benefits to potential benefits for family members, Social Security is an invaluable resource for those unable to work.

How does the SSA determine if you qualify for disability?

One way the SSA determines your eligibility for monthly disability benefits hinges on your credibility as an applicant. If you haven’t sought treatment for your condition or discussed symptoms with your doctor, it looks bad to the SSA. If you aren’t treated, the SSA automatically assumes your condition isn’t limiting you as much as you say it is. The more documented evidence from your doctor showing regular treatment appointments and progress notes, the higher your chances for approval. Among all disability secrets, this one’s likely to result in your technical denial if you can’t or won’t follow through. In other words, no physician actively treating your disability = no claim approval for benefits. If you cannot afford to see a doctor, make an in-person appointment at the SSA office for a referral.

What to do if you have a complicated disability claim?

If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online.

How many credits can I get for SSDI?

In any given year, you can earn a maximum of four Social Security work credits with full-time employment. Plus, the amount you need to earn one work credit increases each year to keep pace with increasing average wages. In 2019, you’ll get one Social Security work credit for every $1,360 you earn, according to the SSA.

How do I prove I'm disabled?

One of the biggest disability secrets people ask about is, “How can I prove I’m disabled during my DDS exam?” The answer is simple, actually! If you drop a pencil on the floor and cannot pick it up without help, you’re disabled. And if you can’t walk across a room (or go up or down a few stairs) without assistance, you’re disabled. Finally, if you must alternate sitting and standing throughout the day or cannot lift anything heavier than 5 lbs., then you’re disabled. Of all disability secrets we know, this one may be the most valuable!

How long can you work if you are on a sudden disability?

If a sudden disability makes working obviously impossible on a short-term basis, you may be exempted from the five-month rule. The SSA will estimate how long your inability to work should last based on your medical diagnosis. If it’s one year or longer, you may still qualify for disability benefits. 2.

How long should I be out of work before filing for SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI.

How long does a doctor have to diagnose a disability?

A doctor must medically diagnose you with a condition expected to last at least 12 months or result in death. Do not apply for disability benefits until your doctor confirms that your condition meets the SSA’s internal definition of “disabled.”.

What percentage of disability applicants go to a hearing?

In fact, approximately thirty percent of claimants who file for disability will be approved on their initial claim ...

Why are SSA exams scheduled?

The exams are scheduled because SSA actually requires that recent, or current, medical evidence be available in the claimant’s file before they can be determined disabled and awarded disability benefits .

What is ALJ in social security?

At a social security hearing, on the other hand, a disability judge, or ALJ (administrative law judge) will be much more likely to take the doctor’s qualified opinion into account and let it influence the outcome of the case.

When is a consultative exam required?

Note: Consultative exams are generally scheduled by a disability examiner when a claimant has not been seen by a doctor for more than three months. The exams are scheduled because SSA actually requires that recent, or current, medical evidence be available in the claimant�s file before they can be determined disabled and awarded disability benefits .

Do you have to go to a hearing to get approved for disability?

In fact, approximately thirty percent of claimants who file for disability will be approved on their initial claim and will never see a hearing office or an administrative law judge. The flip side of this, of course, is that most claimants will need to go to a hearing, and will increase the chances of winning with good disability attorney ...

Is a doctor a treating physician?

This is provided, of course, that the doctor is a “ treating physician ”, meaning a doctor who has a history of providing treatment to a patient versus a doctor that a patient has only seen once or twice (such as would be the case involving a quick visit to an urgent care).

Do short examinations lead to disability?

Generally, these short examinations do not lead to an approval for disability except in disability cases that involve the most severe conditions. The importance of describing your work history properly. You should also describe your past jobs thoroughly.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

How much can you earn on disability in 2020?

For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

Can you get disability if you work irregular hours?

If your monthly earnings exceed SGA, but you were provided special accommodations, worked irregular hours, or required frequent breaks to work, the SSA may still rule that you are eligible for disability benefits. Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes ...

Can an attorney approve a disability application?

Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.

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Medical Qualifications

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All Social Security applications are evaluated by first using the “Blue Book”. This book lists all disabilities approved by the Social Security Administration (SSA) and the requirements one needs for qualification. The Blue Bookis available online for anyone looking to see if their diagnosis will qualify. It is also helpful to see what p…
See more on disabilitybenefitscenter.org

Technical Qualifications

  • The SSA also evaluates income and past work when looking over your application. Depending on your history, you may qualify for different benefits. For those who make under a certain amount or have been unable to work due to their diagnosis, SSI may be the best option. SSI eligibility is determined regardless of past work history and can be awarded to any disabled person without …
See more on disabilitybenefitscenter.org

Applying For Benefits

  • Applications for SSDI can be found on the SSA’s main website. FAQs and other important information can also be found here if you have any questions about the application or the process. Applications can also be filed in person at your local Social Security office. Applications for SSI are currently unavailable online. However, it is recommended tha...
See more on disabilitybenefitscenter.org

Next Steps You Can Take

  • For those having trouble on the application or in need of further assistance, it may still be wise to consider speaking with a Social Security disability attorney. A disability attorney is an irreplaceable resource when filing out applications, keeping paperwork organized, and aiding you in the appeals process if necessary. They are also required to not take pay unless you accept th…
See more on disabilitybenefitscenter.org

Additional Resources