how to tell if your about to go to court for disability from your lawyer

Call several disability lawyers until you find one who can handle your case. Find out the status of your case. If you are scheduled for a hearing find out if the SSA has an estimated date it will be schedule.

Full Answer

When can I talk to my lawyer about my disability case?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.

How can a disability lawyer Help you Win Your Case?

Your disability lawyer will determine the best way to win your case. 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 do Social Security judges decide disability cases?

How old are you? While Administrative Law Judges ( ALJs) who work for Social Security decide disability cases mainly on the weight of the medical evidence, including x-rays, lab panels, treatment notes, and statements from physicians, an applicant's appearance and testimony can be taken into account as well.

What to do after a Social Security disability hearing?

I hope you find it helpful. I always spend some time talking with my clients after a Social Security disability hearing to discuss how the hearing went. It is a chance to look back and tell the client what was good (and bad), and give a prognosis.

How can I tell if my SSDI hearing went well?

At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

How long does it take for ALJ to make decision?

Sometimes (rarely) an ALJ will announce a favorable decision at the hearing. Usually, however, it takes 2-3 months to get a decision. Sometimes it can take six months or longer. (In our experience, the longer it takes for the ALJ to make a decision, the more likely it is that the decision will be unfavorable.)

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 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.

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.

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

Why does it take so long to get a decision from disability hearing?

Decisions can be delayed after a Hearing is conducted if the ALJ has not received necessary medical records or if he or she decides a consultative examination (CE) is necessary in order to make a decision. The judge will leave your claim open after the hearing in order to complete the record with this information.

How long does it take to get an award letter from Social Security?

between 1-3 monthsWhen the Social Security Administration approves your application to receive Social Security Disability Benefit payments, you will receive a Social Security Benefits Award Letter, which usually arrives between 1-3 months after the decision.

What is Step 5 of disability process?

Step 5: Any Other Work. Finally, if someone is found to not be able to do their past relevant work, SSA or the ALJ must determine whether they can do any other work in the national economy, considering that person's age, educational background, work experience, and, of course, impairments.

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 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...•

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

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...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

Michael G. Geoffroy

Yes, contact the court and notify them of your condition. Have paperwork from your doctor to prove your conditions ready to give to the court. The worst thing you can do is nothing. Often it is the discretion of the judge as to whether you have to attend or may attend by video conference or telephone.

Jon Friedman

I think you have no choice but to borrow some money from friends/family and hire a lawyer in Montana to appear on your behalf and explain your circumstances to the Court and let them work for you.

Lars A. Lundeen

I suggest that you be in contact with a Montana family law attorney to assist you. Legal Disclaimer: If this information has been helpful, please indicate below.

David Millard Cohen

I suggest that you try to contact legal aid in Montana for help. The worst thing that you can do is ignore it. You will need to provide medical records to the court to establish your disability and inability to travel.

Robert C Collins II

I agree that you need to look for legal aid in Montana and see if a you can participate in the proceedings from home. In addition, many law schools have clinics for vets. Maybe there is a law school in Montana that might be able to help you out.

Christian K. Lassen II

Many lawyers take credit cards and have payment plans. Best to have a lawyer handle it. Avvo has a great "find a lawyer" tool to locate a local lawyer. Good luck.

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.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

How to prove you are not capable of sedentary work?

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.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

What should your response to a judge's question be?

Your responses to a judge's questions should be full, forthright, and honest. Don't exaggerate your medical condition, pain, or the limitations caused by your physical or mental impairments.

How to prepare for a hearing?

Be Prepared. Take some time to review your medical file before the hearing. Make sure you are able to quickly and naturally answer questions about your medical condition, treatments, medications, and your limitations. Organizing your file is a good way to review information and dates.

Is a disability hearing adversarial?

Remember that the hearing is not adversarial. Any stress you have been feeling because your initial disability claim was denied needs to be checked at the door. The disability hearing is not the time or place to be rude or to vent your frustration at "the system.".

Can you be late for a disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

Can an ALJ hear your medical history?

The ALJ does not have time to hear the entire history of your disability and your medical condition. If and when you are asked questions, answer the question you were asked without providing additional information. You might inadvertently embellish with details that hurt rather than help your case. For guidance on how to answer the judge, see our article on answering questions at a disability hearing.

Can you shop for judges?

Lastly, since you cannot shop for judges and can look into their approval rates and other statistics, it might be beneficial if you work with a disability attorney to work with you on your case and remedy any weak points according to the expected evaluation by your attorney (about the judge).

Can a disability attorney guess if a case is approved?

If you have a disability attorney handling your case they might be able to quickly guess whether your disability case would be approved on not based on their experience with disability cases, they may know the reputation and temperament of the judge.

Can you change your disability hearing to in person?

Even when you have been scheduled for a video teleconferencing disability hearing and if you, for some reason, change it to an in-person disability hearing, even then your judge will be kept the same to maintain transparency in your case.

Why can't my disability lawyer argue my case?

There are legitimate reason they may not be able to argue your case: you have started working too much and they know you will be denied, you have not been responsive to their request for information or they have lost contact with you. Your lawyer may also have determined they have taken on too many cases and they do not believe they can effectively work your case.

How long does it take to get a disability hearing?

The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.

What happens if you are denied a disability?

If your disability application is denied, there are four levels of appeal: reconsideration, administrative hearing, appeals council, and Federal District Court. Some disability attorneys handle appeals at every level; others will not. While you can certainly have different attorneys handle your case at each level, if you want continuity, ...

What is a contingency fee for disability?

Disability claims are handled on a contingency fee basis, which means the attorney is only paid if you are awarded benefits. The Social Security Administration (SSA), which administers the SSD program, establishes the fees disability lawyers may collect. So, regardless of which disability attorney ultimately you hire, ...

What is an administrative hearing?

Administrative hearings allow you to explain to the judge more about your disability and its impact on your ability to work. Not only will you have an opportunity to provide testimony, but the judge and the SSA attorney can ask you questions as well.

Do you have to meet with your attorney before a trial?

Although these hearings are less formal than traditional trials – there is no jury and usually, no witnesses other than the claimant testifies – they are still extremely important. Before the hearing date, your attorney should meet with you at least once, if not more, to prepare for the hearing.

Can you meet with a disability attorney?

Sometimes the disability attorney you meet with during the initial consultation isn’t the attorney who will ultimately handle your case. Although this is a common practice, it can be unsettling for some people, particularly if you hired an attorney based on how comfortable you felt with them during the initial consultation.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.