Unless your case is very clear cut and the evidence points strongly to your disability, you might be better off hiring an attorney. And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
What Do They Do?
Since disability attorneys and non-attorney representatives can charge the same fees, it usually makes sense to hire a lawyer. If you decide to hire someone to represent you at your Social Security disability hearing, you can choose either a disability attorney or a nonattorney advocate.
Unless your case is very clear cut and the evidence points strongly to your disability, you might be better off hiring an attorney. And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
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.
5 Things to Ask Yourself Before Applying for Disability BenefitsIs My Condition Disabling Enough? ... Is my condition severe enough to keep me out of work for 12 months? ... Am I able to continue working in any capacity? ... Does my work history qualify for SSDI? ... Do I need assistance with filing my claim?
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.
No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.
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.
The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...
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.
While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)
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.
Approval Rates For Denials. Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.
Best states for Social Security Disability approvalKansas. Kansas offers the highest chance of being approved for social security disability. ... New Hampshire. New Hampshire offers the second-highest chance of being approved for social security disability. ... Wyoming. ... Alaska. ... Nebraska.
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).
Another important role of an attorney is to determine what types of evidence you need to submit with your application. While the SSA will obtain your medical records from providers, they do not always collect all the necessary and relevant records needed to make the right decision. They can even deny your claim if they failed to collect the necessary medical records.
Many lawyers jump in on disability cases after someone has already received a denial because they want assistance with the appeal. While it is always possible for a lawyer to learn about your case at that time, it is often beneficial for an attorney to be familiar with your application from the beginning.
Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.
Vocational experts (VEs) are experts hired by the SSA to testify at hearings about what work they think applicants can do in light their medical conditions. At the hearing, the ALJ will pose a series of questions to the VE called "hypotheticals." These questions use the applicant's documented symptoms to see what kinds of jobs an applicant can do. If the VE testifies that a claimant can still work, the ALJ will almost always deny the claim.
Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.
This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.
A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.
the combination of the applicant's impairments prevents the claimant from working. the grid rules direct a finding of disabled. the applicant's medical condition meets or equals a listing. the applicant has both exertional and non-exertional impairments that prevent the claimant from working, or.
Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.
And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case). When we surveyed readers, we found that the average fee collected by Social Security lawyers was $3,750, much lower than the maximum (and even lower in SSI cases: $2,900).
Is hiring a lawyer for your hearing worth the money? In the survey of readers we did, the average attorneys' fee for those who hired a lawyer for the hearing was $4,600 (though more than half paid the maximum fee of $6,000). But the hearing is the last good chance you have of getting approved for benefits, so you may decide it's worth part of your backpay to hire the lawyer (and you don't have to pay if you don't win).
If you're denied at the application level, it becomes more important to hire a lawyer. Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.
If you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
Generally, because disability attorneys get paid on contingency (only if you win), they are motivated to track down important medical records and test results and talk to your doctors, or at least obtain detailed statements from them. (Often, doctors are more likely to respond to an attorney’s request for a supportive statement than to a patient’s request.)
If your medical records are insufficient, your lawyer could also help you arrange for a breathing test or ejection fraction test before you apply, so that you have a better chance of winning disability at the initial application stage. If necessary, a disability attorney can request that Social Security schedule (and pay for) an exam with a doctor or psychologist.
Attorneys with disability claim experience are more likely to win because they have the skills needed to win a case or an appeal. They have learned how to work through the entire disability claim process correctly to avoid difficulties or bumps in the road.
Many times doctors do not want to help disability applicants because they are not sure how the disability process works, or they don’t want to help, or they might be too busy to fill out forms.
With so many disability claims being denied, it’s no surprise that filing disability claims can be challenging. Lawyers handling these types of claims are more likely to have claims approved than someone filing on their own.
Another important reason to hire an attorney before filing is that your attorney will actively assist in getting Social Security the evidence they need to decide your case. Social Security obtains your medical records from your doctors to decide your claim, but often do not obtain all of your medical records, and even deny claims ...
If Social Security does not get the full story, they will likely use your answers against you. Having an attorney who goes over these forms with you to make sure Social Security gets the full story can be vital to your case.
Many people file an application for Social Security Disability benefits on their own, and only contact an attorney after being denied. As an attorney that handles Social Security Disability claims, I encourage people to hire a lawyer at the beginning of the process, rather than after being denied once or twice.
The first is that you will not be on your own when it comes to dealing with the Social Security Administration, which can be a difficult organization to deal with. Your attorney will file the claim for you, and make sure you apply to all the programs you may be entitled to. An example of this is when I take a case where ...
There is no fee unless you are awarded benefits.
It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.
Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.
If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.
In addition to this, the purpose of a disability representative is to present a theory of the case to the judge and an argument for approval in light of the relevant facts and the medical vocational rules and social security guidelines that apply to the case ; the attorney or non-attorney representative will also respond to any testimony and hypothetical scenarios addressed by expert medical and vocational witnesses that the judge may choose to have appear at the hearing.
It is also quite possible that they would also now be receiving medicare benefits. There is technically a two-year wait for medicare following the first month of eligibility for disability benefits, but, due to the nature of how the system actually plays out, many claimants are eligible for medicare from the time that they receive their first disability check. However, this can only happen if the person has gone through the process of applying, being denied, appealing, and eventually winning the disability case.
1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.
This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.
For example, say you filed a disability claim on Jan. 1, 2016 but were denied. On Jan. 1, 2017 you hired a lawyer and signed a contract for a 20 percent contingency fee. On Jan. 1, 2018, the VA granted you a 100% disability rating retroactive to the original date of filing (Jan. 1, 2016). The retroactive amount is the 100% monthly payment for the period between Jan. 1, 2016, and Jan. 1, 2018 (two years), which is approximately $80,000.
How much a lawyer can charge for service varies, but attorneys are permitted by law to charge between 20% and 33% for handling an appeal. These fees will be paid to the attorney only if they win the appeal and you are awarded benefits or have your benefits increased. Typically these fees will be paid directly out of the any lump-sum payment you get from the VA.
Make sure you choose a lawyer who is VA accredited. First, that means they know what they are doing. Secondly, if the lawyer is VA accredited they most likely won't rip you off. Any lawyer who does business nationwide by representing veterans versus the VA isn't about to lose their accreditation by trying to rip off one veteran
The GI Hotline is a network of twenty veterans service groups that provides legal assistance with discharge upgrades (as well as other legal issues for veterans and active service members). Call them at (877) 447-4487. Law School Clinics .
Call the SWAN legal resource at 202-798-5570.
Law School Clinics . Some law schools offer veterans free legal assistance from law students who are supervised by attorneys and/or paralegals. Check if a law school in your area has a free legal clinic for veterans.
Secondly, current law prevents a lawyer from charging you for any assistance in filing an initial claim for VA disability benefits. The lawyer can only charge you for help when you challenge a VA decision on your disability claim. So, most likely, a reputable lawyer won't even touch your case until you have filed for disability compensation ...
Disability lawyers and disability advocates both work on a contingency fee basis. That means you don’t pay for their services unless the SSA approves your claim and awards benefits. Even then, the SSA has an established fee schedule that governs payment. Under these rules, disability attorneys and disability advocates are paid 25% of your SSD backpay, with fees capped at $6,000, whichever is less. For example, if the ALJ ruled that you were eligible for SSD benefits and you received $40,000 in back pay, 25% of that award is $10,000. However, because of the payment cap, your disability attorney or advocate would only receive $6,000.
The primary difference between a disability lawyer and a disability advocate is a law degree. A disability attorney has one; a disability advocate does not. Although a disability advocate lacks the legal training of an attorney, they must pass a certification exam showing that they understand Social Security rules and regulations. They are also are required, just like attorneys, to complete continuing education.
Consider the Good Law Group for your representation – call (847) 577-4476.
Although less formal than a traditional court case, the administrative hearing is a chance to provide testimony about how your disability affects your ability to work. Both the ALJ and the SSA’s attorney can ask questions about your disability, what tasks or activities you can no longer perform, and what tasks you can still do despite your disability.
The best time to hire a disability attorney or disability advocate is before you begin the SSD application process. The SSA denies the majority of the SSD claims it receives at the initial application level; the primary reason for those denials is a lack of medical evidence.
The only phase of the process a disability advocate cannot help you with is if you choose to file an appea l in federal district court. In this case, you must hire a disability attorney if you want representation in court.
Reconsideration is essentially the same as the initial application – a different disability examiner in the same SSA field office will review both your application and any additional medical records to determine if your application should have been approved. The SSA denies most of these appeals.