how to get social security disability without a lawyer

How to Win Social Security Disability Benefits Without a Lawyer

1. Filling out the paperwork You first want to fill out the written application, disability report form, and submit...
2. Submitting the appeal If the SSA rejects your initial application, you have 60 days to file the additional paperwork...
3. Court hearing

Full Answer

Do I need a Social Security disability lawyer?

En español | It's not required, but you do have a right to professional representation in your dealings with the Social Security Administration (SSA). This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements.

How does a disability lawyer get paid?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

Why do I need a social security attorney or advocate?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Do you have to work to qualify for Social Security disability?

In addition to meeting our definition of disability, you must have worked long enough — and recently enough — under Social Security to qualify for disability benefits. Social Security work credits are based on your total yearly wages or self-employment income. You can earn up to four credits each year.

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).

Is it difficult to qualify for Social Security disability?

But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year. In other words, less than one-third of initial claims are approved.

What is the fastest way to get Social Security disability?

Social Security has a program called TERI that allows the agency to expedite applications when the applicant has claimed a terminal illness or a condition that is usually terminal. If you have a terminal illness, make sure you submit your medical records with your initial application to speed up the process.

What is the least amount of money you can get on disability?

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. The number of beneficiaries receiving the special minimum PIA has declined from about 200,000 in the early 1990s to about 32,100 in 2019.

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 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 do 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)

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.

What qualifies disability?

The legal definition of disability They have a physical or mental impairment, and. the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities.'

How much money can you have in the bank on Social Security disability?

WHAT IS THE RESOURCE LIMIT? The limit for countable resources is $2,000 for an individual and $3,000 for a couple.

Which pays more Social Security or disability?

In general, SSDI pays more than SSI. Based on data from 2020: The average SSDI payment is $1,258 per month. The average SSI payment is $575 per month.

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.

Pay attention to the deadlines

The first thing that otherwise your attorney would take care of, and now you have to do it, is not to miss a single deadline, because it will significantly complicate and prolong the whole process which is already quite complicated for your as a layman. You have to file your reconsideration request promptly.

Before the hearing

The Office of Hearings Operations is now in charge of you and they will announce the date of your hearing 75 days in advance. That is enough time to prepare yourself the right way.

Medical files

The most important part of the whole process is to submit as detailed medical records as possible. Although as a rule the Social Security Administration should obtain all the necessary medical records, by no means you should count on it.

Brief

After you submit medical files, it’s time for the so-called brief. There you should write a brief review of all the new medical files that you have submitted and write down all the reasons why you think that now your case is strong enough to grant you all the benefits.

Hearing

When it comes time for a hearing, you need to know a few things. First remember that this is an official thing and that you have to follow the dress code, be correct, use appropriate words and the like.

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 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.

Can I get SSI if I have a past work history?

SSI eligibility is determined regardless of past work history and can be awarded to any disabled person without enough income. For adults with a past work history, SSDI may also be an option. Qualification for these benefits depends on how much money an individual has contributed to Social Security in relation to their age.

Can I apply for Social Security on my own?

However, if you think you may qualify for Social Security benefits, you can also submit your application on your own. Continue below to learn how to qualify for benefits and what you will need to provide on your application.

Can I speak to a disability attorney before applying?

Because of this, it is often recommended that applicants speak with a Social Security disability attorney before applying.

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.

Can I get SSI and SSDI at the same time?

For certain applicants, it is even possible to receive SSI and SSDI at the same time. 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.

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.

Can you rely on the SSA to get your medical records?

The SSA will usually do this for you but you can’t rely on them to have complete records. With the huge number of claims they’re processing, it’s easy to lose your records. Among the evidence you need to get are medical records and doctor’s opinions. Take note that you only need to get “relevant” ones.