how to refile with lawyer disability

Contact a Disability lawyer at 512-454-4000 for a free consultation and get the benefits you deserve. There are good reasons to appeal a decision instead of filing a new claim. An applicant’s protected filing date is based on the date the applicant first informed Social Security that they intended to file for Social Security Disability Income.

Full Answer

Can I refile a disability claim after being denied work credits?

In order to refile a disability claim after initially being denied due to a lack of work credits, you would have to accumulate more work credits since you first applied. We understand that could be difficult if your condition has prevented you from working.

What should I do if I am unhappy with my disability attorney?

If you are unhappy with your current representation, you should speak to your attorney and explain your dissatisfaction. Often, an honest conversation with your counsel will allay your concerns and avoid the hassle, risk, and expense involved in hiring a new disability attorney.

Can my old disability lawyer get my back pay?

Your old disability lawyer could petition Social Security for a portion of any back pay you are awarded, even if it is actually your new lawyer that represented you at the disability hearing. This is especially true if your former lawyer did a lot of work on your case before you fired him.

Should I hire a lawyer to reopen my SSD or SSI claim?

If the claimant later applies for SSD or SSI again, he or she should hire a lawyer to reopen the first claim because, if the claimant is successful, he or she can receive benefits back to the date of the first application.

How do I refile Social Security disability?

You can also apply:By phone - Call us at 1-800-772-1213 from 7 a.m. to 7 p.m. Monday through Friday. If you are deaf or hard of hearing, you can call us at TTY 1-800-325-0778.In person - Visit your local Social Security office. (Call first to make an appointment.)

How long do you have to wait to reapply for Social Security disability?

Social Security Disability Insurance (SSDI) benefits have a five month waiting period, which means that benefit payments will not begin before the sixth full month of disability. The SSDI waiting period begins the first full month after the date we decide your disability began.

Can you apply for Social Security disability twice?

There is no limit on the number of times you can apply for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

What happens if you are denied disability twice?

Many applicants who are applying for SSDI are initially denied benefits. If this happens to you, you are able to file an appeal. if your claim is then denied a second time, you can request a hearing and continue the application process.

How many times can you be denied Social Security disability?

Even if you are denied social security disability 3 times you may be able to appeal or submit a new application.

What medical conditions qualify for Social Security disability?

Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...•

How do you win a disability reconsideration?

4 Tips to Help Win a Disability ReconsiderationWrite a Letter of Appeals to the SSA and File It on Time. ... Obtain and Submit Additional Supporting Evidence from Your Doctor. ... File The Correct Paperwork. ... Work with a Social Security Attorney.

Why do disability claims get denied?

The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.

What is the next step after being denied disability?

Request a Reconsideration Online for a Medical Determination If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination.

How many tries does it take to get disability?

There is not a set number of times that you can appeal a decision. That is because it is process, or series of steps that have to be completed in order to appeal the decision. Each one is different, therefore you will need to prepare differently for each stage in the process.

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.

Can I get SSI if I am denied SSDI?

If your application to receive SSDI has been rejected, it does not make much sense for you to apply to receive SSI instead. Granted, there are cases where somebody may successfully apply to receive concurrent benefits.

How Do I Know When To Refile?

Being approved for disability benefits is never guaranteed. In fact, more than half of all disability cases are denied initially.

Should You Appeal Your Disability Decision?

After receiving a denial, you can choose to begin the appeals process. This consists of various levels of review by different groups that originally did not view your claim.

Contact Us for Support

It can be difficult to determine the best route to take when it comes to refiling your disability benefits claim. That’s why we have qualified professionals ready to answer your questions and help you refile for disability to increase your chances of receiving benefits.

Reopening an earlier disability claim can get your more money in backpay benefits

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Why You Want to Reopen an Earlier Disability Claim

Because Social Security pays benefits back to the date of the original application or beyond, it is always in a claimant's interest to get an older claim reopened and joined to a new claim, since the backpay award will be larger.

Only Related and Overlapping Claims Can Be Reopened

A prior disability claim needs to be related to the current disability claim (for instance, an initial claim for herniated disc and a second claim for herniated disc and spinal stenosis). Social Security will not reopen a prior claim that is based on a disability that is unrelated to the current claim.

How to Reopen a Disability Claim

Social Security has not created a particular form or process for claimants who want to reopen a claim. To reopen a claim, you must file a new application for disability and ask Social Security to reopen your old claim.

When a Prior Claim Can Be Reopened

Whether Social Security can reopen a prior claim depends on how old it is.

Who Can Reopen a Claim

A claim denied by DDS can be reopened by a claims examiner at DDS, an administrative law judge, or the Disability Appeals Council.

Denial of a Request to Reopen a Claim

A denial of a request to reopen a prior claim cannot be appealed. Social Security only allows appeals of certain kinds of decisions -- "initial determinations" -- and a denial of a request to reopen is not considered an initial determination.

You can always fire your disability attorney, but you should consider the option carefully

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Why Do You Want to Fire Your Attorney?

Disability claimants sometimes become frustrated with their legal representatives because it takes so long for the Social Security Administration (SSA) to decide their claim. And their frustration isn't helped when attorneys or staff members don't return phone calls or emails promptly.

Will You Have to Pay More If You Hire Another Lawyer?

You should consider where you are in the disability process before deciding whether to fire your attorney. When you hired your lawyer or law firm, you signed a contract called a fee agreement that allows the lawyer or law firm to collect a fee of 25%, or up to $6,000, from any disability back payments awarded to you.

What If I Have a Personality Conflict With My Lawyer?

In some cases, you might feel you aren't able to work with your disability lawyer due to a personality conflict.

Will You Be Able to Hire Another Disability Lawyer?

Because of the hassle and uncertainty involved with filing a fee petition with the SSA, most disability lawyers will not represent someone if another attorney has already entered his or her appearance in the matter, unless that attorney agrees to waive his or her fee.

What Can You Do If You're Still Unhappy With Your Attorney?

If you are unhappy with your current representation, you should speak to your attorney and explain your dissatisfaction. Often, an honest conversation with your counsel will allay your concerns and avoid the hassle, risk, and expense involved in hiring a new disability attorney.

What does a Social Security Disability Attorney do?

Although a disability lawyer is an expert at reviewing a claimant’s medical evidence, gathering additional medical records for cases and arguing a case before an administrative law judge, they are not miracle workers.

How to fire your disability lawyer

Now, if you are considering firing your disability lawyer you should first consider if they doing their job. A disability lawyer who is not doing their job is one who is not responding to your inquiries, who fails to meet critical deadlines for your disability case or who does not seem competent.