how to obtain a lawyer for ssd claim

You will sign an SSA

-1696. This is the appointment of representative form that is used to authorize someone to represent your disability claim. Generally, the individual you have chosen to help you with your claim will supply this form to you and will simply sign and date the form.

Full Answer

Do I need an attorney to file a disability claim?

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.

Can I afford a Social Security disability attorney or advocate?

Those who have a disability advocate or a Social Security Disability attorney representing them are much more likely to have their claim approved. You may be concerned about affording an attorney or advocate to represent you throughout the disability claims process. Disability attorneys and advocates take cases on the contingency basis.

How will my attorney determine if I meet a disability listing?

To determine if you meet a listing, your attorney will first see if your illness has a disability listing in Social Security's "blue book." If it does, the attorney will review the requirements of the listing and compare them to the evidence in your case. (For more information, see our section on listed disabilities .)

How do I Win my Social Security disability claim?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

How long does a SSD claim take?

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 I start an SSD claim?

You can apply for Disability benefits online, or if you are unable to complete the application online, you can apply by calling our toll-free number, 1-800-772-1213, between 8:00 a.m. and 7:00 p.m. Our representatives can make an appointment for you to apply.

Why are SSD claims denied?

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 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 when applying for disability?

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 much does SSDI pay in 2021?

$3,148 per monthWhile SSDI is valuable to many, applicants need to carefully consider the program before applying. The maximum disability you can receive in 2021 is $3,148 per month. However, the average recipient will likely receive an amount of around $1,277 per month.

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.

What percentage of Social Security disability claims are approved?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

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 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.

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...•

Why is SSDI so hard to get?

The SSA will not approve you for SSDI benefits if you perform work that brings in more than the substantial gainful activity rate, which is $1,260 per month in 2020. If you are working and earning more than this rate every month, you will not qualify for benefits.

How many first time SSD claims are rejected?

The Social Security Administration ( SSA) rejects about 60% of first-time claims for SSD. A disability lawyer that understands the ins-and-outs of the application process will work with you to avoid a lengthy process and increase your chances of getting approved by the SSA.

What is disability lawyer?

A disability lawyer will assist you in gathering all the medical evidence you need for your claim. For example, a representative will review all current medical records in order to let you know what additional medical evidence is missing before submitting your documents to the SSA.

What can a representative do for disability?

A representative can act as a helpful guide taking control of the case, representing you, and functioning as a communicator between you and the SSA. In the instance of being denied benefits, you can reach out to a disability lawyer after you receive the initial denial.

Why do people get denied for Social Security?

In-person at the closest Social Security field office. A large number of disability applicants are originally denied because of mistakes made in the application. The primary reason why they are denied is that they do not fill out all of the paperwork correctly and do not submit the necessary documentation.

Do disability lawyers charge up front?

Disability lawyers do not charge up-front fees; lawyers work on a contingency fee basis and are only paid if you win the case. Additionally, the disability lawyer cannot collect any fees without first getting written approval from the SSA. Furthermore, the federal law limits the fees paid to attorneys for representation.

How can I speak to a qualified disability attorney about my case?

At the Disability Advantage Group , we offer a free initial consultation to discuss the specifics of your case and determine if we can help you. Our attorneys have years of experience winning cases for our disability clients.

Where can I find a disability lawyer or representative?

You have endless sources for finding an SSD lawyer. Here are a few places you can begin your search:

How can I vet a prospective disability lawyer?

When shopping for a lawyer, you should look for the attorney best-suited to handle your unique situation.

What else do I need to consider before choosing a lawyer?

Communication is also an important factor when choosing a lawyer. Your attorney should be responsive and keep you apprised of each new development throughout the process—and there will be many. When your lawyer is distant or hard to reach, it may be difficult to keep confidence in them.

What are the requirements to become a non-attorney advocate?

The requirements for becoming a non-attorney advocate are as follows: Bachelor’s degree or equivalent work experience; Clean criminal background; Professional liability insurance; Successful completion of SSA-administered exam; and. Continuing education.

What is a non-attorney advocate?

This is a person who has not been to law school or passed the bar exam, but is legally qualified to represent you at a Social Security disability hearing. The requirements for becoming a non-attorney advocate are as follows:

What is a disability lawyer?

Your Social Security Disability (SSD) lawyer helps you get the maximum disability benefits from the Social Security Administration (SSA). An attorney gathers evidence, submits paperwork, and constructs your claim so it has the greatest chance of a favorable outcome. Once the SSA makes a final decision on your case, ...

Who gets SSDI?

SSDI: Disability Insurance benefits are paid to people who have worked long enough to earn sufficient credits under the Social Security system but are now disabled.

How do I qualify for SSDI?

To qualify for Social Security Disability Insurance (SSDI), a person must have a certain work history. The work history must include recent work and sufficient earnings. This is because Social Security Disability is an “insurance” program. It works like the Social Security retirement income program: you satisfy part of the requirement when you contribute money through your taxes. (Supplemental Security Income (SSI), on the other hand, requires not a specific work history but a limited amount of resources, plus disability.)

What is the eligibility for disability?

To qualify for Social Security disability benefits, an individual must be completely disabled. While some other insurance or employee benefits programs may cover people who are partially disabled, the Social Security program says that a qualifying disabled person must be unable to engage in any productive work, whether it is the type of work the person did before or some other gainful employment that the person might perform.

What is impairment in Social Security?

An impairment that qualifies as a disability under Social Security Administration (SSA) guidelines must be quite serious. The impairment must render the applicant unable to perform any substantial gainful activity — that is, the applicant must not be able to earn more than a minimum amount of money, determined each year by the SSA. The impairment must completely disable the applicant from working. It must be expected to last for a year, have already lasted a year or be expected to cause the applicant’s death. But this is not the end of the qualifying tests.

How long do you have to work to qualify for disability?

The Social Security Administration also requires the applicant to have a sufficient work history to qualify for Social Security Disability benefits. Based upon the applicant’s age, he or she must have worked for a specified number of years. The applicant also must have worked at least some of those years recently.

What happens after a Social Security application is received?

Following the receipt of the application, a federal Social Security Administration representative will review the information. If the representative is satisfied that the application meets certain basic criteria, the application and evidentiary materials will be forwarded to a state agency that is charged with making a decision regarding the disability benefits application. The state agency may develop the file further by gathering more medical or vocational evidence. Social Security uses a five-step process to determine whether the applicant should receive benefits, asking:

How to appeal a Social Security denial?

The applicant has the right to appeal the decision. The first appeal is a reconsideration of the initial denial, typically a review by a new person of the written evidence and any additional evidence. Under a pilot program in some states, including Missouri, the reconsideration step has been eliminated and applicants go right from an initial denial to a hearing with an administrative law judge. After reconsideration, the next appeal goes to an administrative law judge for a hearing. Following this stage, the applicant has a right to appeal to the Social Security Appeals Council. Finally, the applicant may appeal to the federal courts. An attorney can offer valuable assistance in the appeals process.

What is SSA 1696?

You will sign an SSA-1696. This is the appointment of representative form that is used to authorize someone to represent your disability claim. Generally, the individual you have chosen to help you with your claim will supply this form to you and will simply sign and date the form.

How to contact a representative for a case?

Typically, the first step is to contact a representative by calling their office directly or by filling out an online form. In either case, the objective is to give the representative a chance to evaluate the basics of your case. If the representative ascertains that they can assist you and you, likewise, choose to have this individual represent ...

Can a non-attorney attorney get copies of my medical records?

Very often as well, your non-attorney representative or disability attorney will also have you sign their own medical release forms so they can also obtain copies of your records (usually this is done to prepare for a disability hearing).

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

How Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a Disability Advocate?

A disability advocate is a case manager that specializes in filing applications for disability benefits. The Social Security Administration certifies disability advocates to handle claims while remaining up-to-date with laws and regulations regarding benefits.

What to do if you need help filing for disability?

If you ever need help filing for disability benefits with the Social Security Administration, you should seek out a disability advocate. Advocates can help strengthen your claim and make sure that you provide the correct information on your application.

How much does a disability lawyer charge?

Currently, advocates and attorneys charge 25% of all back benefits up to a maximum of $6,000.

How do advocates keep you updated?

Professional advocates keep you updated on the status of your application with regular phone calls, emails, and letters.

What is an advocate for Social Security?

Advocates make the process easier by handling all communication regarding your application, whether it is interacting with healthcare providers or the Social Security Administration itself.

What does an advocate do for a claim?

Advocates make sure your initial application is strong, reducing the chance of your claim going to court.

How many applications are denied for disability?

Since the Social Security Administration denies 3 out of 4 applications, it is essential to have a disability advocate to strengthen your claim.