im on disability how do i get a lawyer

by Antonette Zulauf 7 min read

When you first hire a disability attorney or nonlawyer advocate, whether you're filing for SSDI

Social Security Disability Insurance

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …

or SSI

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

, you typically sign a fee agreement. The agreement puts a cap on the representative's fee and allows the Social Security Administration (SSA) to pay the representative if your claim is approved.

Full Answer

When should I contact a disability lawyer?

Apr 06, 2022 · It's available to businesses, state and local governments, and the public. Call 1- 800-514-0301 (TTY: 1-800-514-0383 ). Open All + Find More ADA Resources From the Government When to File a Complaint Discrimination and Harassment at Your Job

When to hire a disability lawyer?

Age is a major factor in social security disability decisions. If you are unable to work due to disability and age, you may qualify for certain benefits you are otherwise missing out on. We’re here to help you get the maximum social security benefits you can – …

How do I become a disability lawyer?

If you are unable to work because of a medical condition, you should talk with a disability lawyer before you get your disability claim underway. The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

Should I hire a disability lawyer?

Feb 08, 2022 · When you first hire a disability attorney or nonlawyer advocate, whether you're filing for SSDI or SSI, you typically sign a fee agreement. The agreement puts a cap on the representative's fee and allows the Social Security Administration (SSA) to pay the representative if your claim is approved.

image

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in:Public accommodations...

Discrimination and Harassment at Your Job

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Protections Included Under the LawTh...

Voter Accessibility Laws

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote.If you know you’ll need accommodations on Elect...

What are the laws that protect the rights of people with disabilities?

Laws and Accommodations That Help Voters With Disabilities. Several federal laws protect the voting rights of Americans with disabilities. These include the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA). Voters with disabilities have the right to: Vote in private, without help. Have an accessible polling place ...

What are the laws that allow people with disabilities to vote?

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote. If you know you’ll need accommodations on Election Day, contact your state or local election office to find out what to expect at your polling place.

What is the ADA?

Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in: Public accommodations. Jobs. Transportation. Government services.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

Can you file a lawsuit against a job discrimination?

If you're a victim of job discrimination or harassment, you can file a lawsuit. If the discrimination violates federal law, you must first file a charge with the EEOC. (This doesn't apply to cases of unequal pay between men and women.)

What are the responsibilities of the ADA?

Federal agencies with ADA responsibilities. Mediation for dispute resolution. The United States Access Board website provides: Guidelines and standards for telecommunications, public transportation, and recreational facilities. A guide to the ADA standards for buildings.

How many employees are required to be covered by the EEOC?

Businesses, state, and local governments must follow most EEOC laws if they have 15 or more employees.

Why do people get denied for disability?

Those who file claims often find they are denied because they were unable to prove the severity or scope of their disability. This may be a result of lack of documentation or even lack of proper treatments or medical attention to verify the disability.

How can I help my case?

How We Can Help 1 Assitance navigating both the application and appeals processes. 2 Evaluation of your case and what may be missing in your application or appeal. 3 Legal assistance and representation in court for appeals process. 4 All at no upfront cost to you!

Is age a factor in disability?

Age is a major factor in social security disability decisions . If you are unable to work due to disability and age, you may qualify for certain benefits you are otherwise missing out on. We’re here to help you get the maximum social security benefits you can – to live the fullest life possible.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

What happens if you are denied a disability?

When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.

Can a lawyer help with Social Security disability?

Social Security Disability attorneys understand the application process. They know how to present your case in a way that makes your disability obvious and not a matter of conjecture, and can assist you in obtaining the necessary medical documentation from your doctor and the hospitals where you received treatment. A lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

Do I need an attorney to file for disability?

Filing for Social Security Disability benefits can be a complicated and confusing process. Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied. While you don’t technical ly need an attorney to represent you ...

What does a disability lawyer do?

A disability lawyer generally gets a quarter of your Social Security back payments, if you win. Social Security attorneys work "on contingency," which means that they collect a fee only if they win your disability claim. Whether you are applying for SSDI (Social Security disability) or SSI (Supplemental Security Income), ...

How much does it cost to copy a medical record?

Usually, copying and mailing costs in a case are not more than $100 - $200.

Do you have to pay upfront for a disability case?

While lawyers in Social Security disability cases cannot charge upfront fees for their time, they are allowed to charge a reasonable upfront fee to cover expected expenses in a case. So some attorneys will ask you to pay a small amount in advance to cover the costs associated with your case.

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

What is a contingency fee agreement?

Contingency Fee Agreement. When you first hire a disability attorney or nonlawyer advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the Social Security Administration (SSA) to pay your representative if your claim is approved.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

What is the work incentive for Social Security?

There are also a number of special rules, called "work incentives," that provide continued benefits and health care coverage to help you make the transition back to work. If you are receiving Social Security disability benefits when you reach full retirement age, your disability benefits automatically convert to retirement benefits, ...

When do child benefits stop?

The child's benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school (benefits can continue until age 19) or is disabled.

Does Social Security pay for partial disability?

Social Security pays only for total disability. No benefits are payable for partial disability or for short-term disability. We consider you disabled under Social Security rules if all of the following are true: You cannot do work that you did before because of your medical condition.

How long does it take to get Medicare after SSDI?

Medicare and SSDI. Disability applicants who are approved for Social Security disability (SSDI) are eligible for Medicare, but only after a two-year waiting period. The two years is counted from the date that the applicant was entitled to be paid disability benefits — even if he or she didn't receive the payments until months later because ...

How long do you have to be in Medicare?

You should be automatically enrolled in Medicare at the two-year mark . Contact Social Security if you don't receive enrollment information or a Medicare card at that time.

Can I get medicaid if I have Social Security?

If Social Security grants you disability benefits, you will become eligible (at some point) for health care through Medicare or Medicaid. Which program you will be eligible for, and when you'll be enrolled in the health care program, depends on whether you are approved for Social Security disability insurance (SSDI) or Supplemental Security Income ...

image

Fee Agreements and Fee Petitions

  • To get their fees paid, Social Security lawyers enter into written fee agreements with their clients and submit those fee agreements to Social Security for approval. If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay. The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whiche…
See more on nolo.com

What Should Be in A Fee Agreement?

  • An attorney must submit a written fee agreement to Social Security before Social Security issues a favorable decision on the claim. Most lawyers will submit the fee agreement when they take your case. Social Security has suggestions for the language in the fee agreements, but there are really only two main requirements. First, the amount of the fee cannot be more than the maximu…
See more on nolo.com

Who Pays For Legal Costs?

  • There are two kinds of expenses in a case: the amount the lawyer charges for her time and the expenses she pays for while working on your case. In a typical Social Security case, an attorney will pay copying fees and postage to get records to help prove that a claimant is disabled. Those records might be located at hospitals, doctors' offices, schools, or mental health facilities, amon…
See more on nolo.com