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An attorney doesn't need to be licensed to represent claimants at disability hearings; in fact, a claimant's representative need not be an attorney at all. However, a licensed attorney may have a better understanding of Social Security law. This is because attorneys receive special training in how to read and interpret statutes and case law.
A good firm should be willing, and able, to share their statistics. Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis.
Asking the right questions will ensure you find a qualified, experienced, and ethical disability attorney.
These benefits are awarded to qualified individuals who are no longer able to work due to a disabling mental or physical condition. 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 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.
KansasKansas offers the highest chance of being approved for social security disability.This state has an SSDI approval rate of 69.7% in 2020. It had the second-highest approval rate in 2019, with 61.3% of SSDI claims approved.The average monthly benefit for SSDI beneficiaries is $1,228.
Expected, we'll normally review your medical condition within six to 18 months after our decision. Possible, we'll normally review your medical condition about every three years. Not expected, we'll normally review your medical condition about every seven years.
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 Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...
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.
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 are the top 10 conditions that qualify for disability?Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. ... Heart Disease. ... Degenerative Disc Disease. ... Respiratory Illness. ... Mental Illnesses. ... Cancer. ... Stroke. ... Nervous System Disorders.More items...•
Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.
A permanent disability is a mental or physical illness or a condition that affects a major life function over the long term. It is a term used in the workers' compensation field to describe any lasting impairment that remains after a worker has treated and allowed time to recover (reached maximum medical improvement).
The SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, five cars, and have $1,000,000 in the bank. And the SSDI program doesn't have a limit to the amount of unearned income someone can bring in; for instance, dividends from investments.
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.
Yes, you can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) at the same time. Social Security uses the term “concurrent” when you qualify for both disability benefits it administers.
In most cases, it is better to receive disability benefits until you reach full retirement age. If you collect early retirement, your benefits are permanently reduced. If you receive SSDI payments until you reach full retirement age, there is no permanent reduction in your retirement benefits.
The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.
Disability law is somewhat of a specialty. Lawyers that do not practice mostly Social Security law are unlikely to be very familiar with the complex Social Security Disability and SSI regulations. You wouldn't hire a heart doctor to treat your back, and the same goes for law. Look for attorneys that belong to professional groups like the National Organization of Social Security Claimants Representatives (NOSSCR) to determine which ones are really up to date on Social Security law. Other attorneys just wouldn't know how to question you at your disaiblity hearing or how to challenge the testimony of vocational expert witnesses.
And your attorney will only get paid if you are awarded benefits.
When you call a potential attorney, pay attention to the level of professionalism and treatment you are given by the attorney and staff. Even though disability firms are generally busy places, you should still receive timely callbacks and be given the chance to ask questions.
A good attorney will give you an honest assessment of your case only after reviewing the facts. A good attorney will also admit that he or she probably can't get you approved any faster than you could on your own. Here is a sample question you should ask and a sample answer a good attorney should give you:
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Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:
Don't be put off if you can't speak to the attorney the first time you call, or if you are asked to speak to a staff member for help with a question. This is because experienced disability attorneys spend most of their time in hearings and rely on their staff to field calls. However, a good firm should allow you to schedule a free consultation ...
Not all disability firms will accept children's cases, and those that do may not have much experience with them. If you are filing on behalf of a child, make sure that the firm you deal with has experience with childhood disability questions.
Although you have a right to a lawyer or non-attorney representative when filing an SSA claim or appeal, many people with disabilities choose to file an application for disability benefits on their own.
If you choose to seek help with your disability claim, the first thing to know is that there are two types of advocates that you may hire: an attorney (or law firm) or a non-legal organization. There are benefits to working with both types of advocates.
To schedule a free claim review or to learn more about how we can help you, contact our office today at 856-795-8880.
Applying for disability benefits can be difficult, especially if you are already dealing with issues related to your disability. A seasoned disability advocate can ease this burden, taking on the paperwork and legal issues related to a disability claim.
When communicating with a potential lawyer and their staff, observe how they treat you and their level of professionalism and courtesy. Indeed, firms that handle disability cases tend to be busy; however, the firm should still treat you with respect.
A licensed attorney would have a better understanding of the law, especially Social Security law. These licensed professionals undergo special training on statutes and case law and how to read and interpret them.
There might be some cases that would be extra challenging to get approved due to the medical condition. So, be transparent with your potential lawyer about your situation so that they know how to best handle your case.
Be aware of lawyers that promise you a good outcome. It’s entirely unethical for an attorney to do so. Instead, an excellent legal professional should give you an honest and careful assessment of your disability case based on facts and the law.
It would be helpful if you also asked about the approval rates of the firm to your potential lawyer or staff member. It’s your right to ask these questions as the client since you want the best for yourself. It’s also important to know that a good firm would be more than willing to ask these questions and share their statistics with you.
The lawyer you hire should be accessible through phone and location. They should have their own office or virtual set-up where you can inquire about your queries without any hassle to your disability.
Hiring a disability lawyer to help you secure disability benefits isn’t required. But having someone to help you navigate the litigation process can be very helpful. You’re also more likely to receive benefits if someone who specializes in long-term disability law represents you.
It’s a good start to choose disability insurance lawyers that specialize in long-term disability claims. Having an experienced team on your side that has a high approval rate for long-term disability cases is important.
If you become injured or sick and need to file for long-term disability benefits, it’s in your best interest to hire a disability lawyer. The process of securing long-term disability benefits can be difficult if you don’t have any experience doing so.
Answer from us: We represent Social Security Disability claimants because we understand disability and the need to have someone fighting for you. Our attorneys have a disabled child, and many of our staff members have experience with disability in their own families. We believe it is our duty and obligation to advocate for those who are sick, tired, and running out of fight.
Sometimes it is simply because they enjoy helping clients and/or that particular type of law is profitable.
Now, these lawyers may be experienced and able to help, but sometimes clients risk becoming “just a number.” When this happens, it is hard for the lawyer to truly care about the client’s situation, and easier for a case to fall through the cracks. If you go with a big firm, be sure that YOU keep in contact so you are not forgotten.
For cases at the Appeals Council and Federal Court levels, frequent communication is not as vital because you are usually not providing any NEW medical evidence.
We are not saying a disability lawyer must dedicate 100% of their practice to SSDI/SSI cases to be an effective advocate. However, when a firm practices several areas of law… watch out for these possibilities:
Second, a general practitioner attorney may take on any case that comes through the door in order to keep their lights on. While this is admirable, the problem is that disability law can be highly technical and procedurally very different than other types of law. It would be easy for a general practitioner to miss subtle points of law that might make or break your disability case.
Every attorney, not just disability attorneys, should have a client communication policy, and be able to express that to you, the client.