met with a disability lawyer now what

by Russel Kozey V 9 min read

How can a disability attorney help my MetLife disability claim?

Our disability attorneys represent MetLife claimants at any stage of a disability claim, which includes the application process, on-claim handling, ERISA appeals and lawsuits. At any given time, our law firm usually has numerous lawsuits pending against MetLife. You don't need to wait for a claim denial in order to get us involved.

Can a disability attorney help me win a disability case?

It's at the level of an ALJ hearing that having a disability attorney can really help win a claim.

Who is the lawyer for long term disability benefits?

Our law firm is managed by attorney Gregory M. Dell, who has earned a nationwide reputation as a disability insurance lawyer by successfully securing long term disability benefits for thousands of claimants nationwide against every major disability insurance company.

Why does Michael hire an attorney for his disability hearing?

Michael hires a disability attorney to represent him at his disability hearing. Prior to the hearing, Michael's attorney reviews Michael's Social Security file and realizes that a number of important medical records are missing. He requests those records and submits them to Social Security.

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What can I expect at a disability meeting?

They will ask a series of questions to gather basic facts about your disability, work history, etc. If he/she or one of their trained staff members determines that your case has a high chance of success, they'll then schedule an appointment for you to meet with the attorney and discuss matters further.

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 can I speed up my disability case?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

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.

What is the hardest state to get disability?

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.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

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.

How can I survive waiting on disability?

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)

Does SSDI pay back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

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.

Is Social Security getting a $200 raise per month?

Adults with disabilities are twice as likely to live in poverty as those without a disability. Monthly Social Security Disability Insurance benefits make up at least 90% of income for nearly half of beneficiaries. That's why Elizabeth's plan increases Social Security benefits by $200 a month across the board.

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...

Should You Hire A Social Security Disability Lawyer Or Go It Alone?

Statistically, the vast majority of Social Security Disability (SSDI/SSD) and SSI claims are denied at the initial claim and reconsideration levels...

Developing A Disability Case

The simple fact of the matter is this: the vast majority of SSDI and SSI claimants will have no idea how to properly and thoroughly prepare a disab...

The Chances of Winning Without Legal Help

Can a disability claimant who is not represented by an attorney still win an SSDI or SSI disability claim at an ALJ hearing? Yes, it is possible. H...

Lawyers and Representatives Can Win You More Backpay

The disability claimants who do win their claims without the help of a lawyer may not obtain the most favorable "disability onset date," which affe...

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased. While it's certainly true that some people who apply on their own are approved for benefits, statistics show that, everything else being equal, Social Security is more likely to approve an applicant who's represented by legal counsel than one who isn't.

What to do if you think you won't be able to work for a long time?

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer. If you're thinking about hiring a disability attorney to help with your Social Security case, you should first understand the costs and benefits of having a lawyer on your side.

How long does it take for a lawyer to resolve a case?

However, it's important to remember that a lawyer's attempts to expedite a case are often unsuccessful, and that most claimants, including those represented by legal counsel, must wait many months or even years for their case to be resolved.

How Long Does It Take To Get Disability Benefits With Legal Help?

For example, if your initial application is denied, you have 60 days to request a reconsideration of your claim. On your own, you might wait until day 55; if a firm is representing you, they'll get the paperwork done much sooner. Same with the request for a hearing date.

How many people who hired a lawyer were approved?

When we asked readers recently, we found that 28% of those who hired a lawyer to help them fill out the initial application were approved (and 24% of those who hired a nonattorney representative were approved), compared to only 20% of those who didn't hire a representative.

What would happen if Michael tried to represent himself?

In our example, if Michael had tried to represent himself, he probably wouldn't have understood he could adjust his onset date of disability and the extra back pay he could get because of it.

Why does Michael testify with confidence?

At the hearing, Michael testifies with confidence because his lawyer has explained what questions the judge is likely to ask, and what to focus on in his responses. Michael's lawyer also cross-examines the vocational expert that Social Security brought to the hearing and gets her to admit that a person with Michael's medical restrictions couldn't hold a job.

Can an ALJ reschedule a hearing?

There are two other situations in which hiring an attorney might cause things to move quicker. If you decide to attend your hearing without a lawyer, the ALJ might advise you to go hire a lawyer, and will rescheduled your hearing after you've done so. The reason for this is that ALJs generally prefer claimants to be represented by counsel so that they fully understand their rights and how the hearing process works.

Can I win an ALJ hearing?

Can a disability claimant who is not represented by a legal professional still win an SSDI or SSI disability claim at an ALJ hearing ? Yes, it is possible. However, the odds of winning a disability claim before an ALJ are markedly decreased when a claimant does not bring an attorney or representative to the hearing.

Can I hire an attorney for SSDI?

While hiring a disability attorney can't guarantee that a claimant will be awarded SSDI or SSI benefits, having a legal professional to help with your case can ensure that a case will be properly "developed" prior to a hearing date (more on this below).

How long does MetLife have to pay disability?

MetLife ordered to pay disability benefits beyond 24 months for a claimant with both mental and physical disabilities. MetLife’s attempts to stop paying total disability benefits after paying claimant for 10 years is denied.

How long does it take to appeal a Metlife denial?

Following submission of your Appeal, Metlife has 45 days and an additional 45 days for special circumstances, however, it depends on the individual facts of each claim.

How long does it take for a Metlife lawsuit to be resolved?

A lawsuit can be resolved in as little as 3-6 months and as long as 5-6 years.

Can you appeal a disability claim against MetLife?

If your disability income claim has been denied by MetLife and your disability income policy has been offered through your employer, then federal ERISA law requires you to file an appeal with MetLife. Our law firm has handled thousands of ERISA appeals against MetLife and we will prepare a very strong appeal on your behalf.

Does my wife's SSDI end at 65?

Your wife’s approval of SSDI benefits makes it less likely that she would be denied, but approval of SSDI benefits is not a guarantee that disability benefits will continue. Lastly, your wife’s Metlife disability policy probably states that benefits end at age 65 or 67. My husband is on long term disability.

Does MetLife deny SSDI?

Medicare relates to health insurance, which has no impact on your ability to receive disability benefits. With that being said, regardless of whether or not you receive SSDI benefits, there is no guarantee that MetLife will not look for a reason to attempt to deny your claim in the future.

Does MetLife deny long term disability?

MetLife denies long-term disability benefits to a consultant after approving them. MetLife ordered to reverse denial of long-term disability insurance benefits 14. MetLife must reconsider denial of benefits for former MetLife employee. MetLife abused its discretion when it terminated long-term disability benefits.

What does a disability examiner look for in a medical record?

Remember your disability examiner or judge also looks into whether your medical record offers serious proof or whether you would be able to perform substantial gainful activity (SGA) or not and whether you would be a reliable employee at a simple entry-level job that you can do by working around your disability. For instance, if you previously worked as a bus conductor but are held on a wheelchair now, you could still perform some kind of substantial gainful activity such as being a clerk if you hold enough qualifications for that. So, these are all the things that may or may not tip the balance in your favor.

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 administrative law judge?

Remember you could look for the approval rate of judges but you can't change your administrative law judge. 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. The SSA has this policy of the no-judge-shopping-rule, so all disability claimants get the same level of consultative evaluation. (only in some cases where the same ALJ is not able in your locality or if you are unable to travel to their locality, would the SSA change your judge).

How to contact a disability attorney?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Who Are Attorneys Dell & Schaefer?

Our law firm is managed by attorney Gregory M. Dell , who has earned a nationwide reputation as a disability insurance lawyer by successfully securing long term disability benefits for thousands of claimants nationwide against every major disability insurance company. Our high level of customer service, commitment to give our clients 110% on each claim we work on and setting honest reasonable expectations for every client is what makes working with our firm unique. From the moment you call us, you will immediately be connected with one of our disability lawyers and you will feel the confidence we have to assist with your claim, knowledge we have about your particular insurance company and medical condition, and most important you will get an honest opinion that you may or may not like about whether we think we can help you to collect disability insurance benefits. Unfortunately, we rarely get to personally meet most of our clients located throughout the United States as they love the option of never having to leave their home while we handle every aspect of the claim. We used to have multiple office locations throughout the country, but with our transition to a paperless office in 2006 and the high speed of email and video conferencing our lawyers can efficiently service our clients from any location without the need to inconvenience the client to come to one of our offices. Our goal and job is to help you get your disability insurance benefits paid.

Do disability companies stop publishing information?

Several of the disability companies have unsuccessfully hired lawyers to try to get us to stop publishing information about their claim handling tactics and claimant's experiences; yet we won't stop the truth from being told.

Do disability lawyers charge fees?

We never charge any fees or costs unless you collect benefits. We welcome you to contact us now for a free review of your disability insurance claim with one of our disability insurance attorneys.

How to get disability benefits after being denied?

The first step to obtaining benefits after a denial is to appeal the decision and ask for a reconsideration. However, reconsideration efforts are not always successful.

What does an ALJ look for in a disability hearing?

Generally speaking, ALJs look for: Credible claimant testimony. Sufficient medical records.

What do judges expect from a claimant?

Judges expect effort from the claimant. They expect a claimant to cooperate with the system. Seeking disability is a long and difficult process, but a claimant’s failure to cooperate (e.g., does not fill out necessary paperwork or does not go to a consultative examination), can cause problems for the claimant.

What is the primary source of evidence in a disability claim?

The primary source of evidence in a disability claim is the claimant’s medical records. The Social Security Administration (SSA) orders a claimant’s medical records at the Application and Reconsideration levels. The claimant and her social security disability attorney develop the medical record at the Hearing level.

Why is it important for a judge to see opinions from medical providers?

It is important for a claimant to build a good relationship with her medical provider (s) so hopefully, the provider will support the claimant in her disability claim.

How long do you have to appeal a disability denial?

According to information from the Social Security Administration, you are entitled to an appeal. However, the SSA says that you have 60 days after receiving a notice of a denial decision to ask for any type of appeal.

Why is opinion evidence important in a disability case?

Opinion evidence is very important in a disability case. Medical records provide information regarding the claimant’s symptom complaints, examination findings, treatments, and recommendations for future treatment, but they typically do not include a doctor’s opinion regarding a claimant’s functional limitations.

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