my lawyer did nothing in my ssi hearing what can i do

The SSA

states that if you are not able to attend the hearing you must contact the Administrative Law Judge as soon as possible before the hearing and state the reason. The SSA states that, “the Administrative Law Judge will reschedule the hearing if you have provided a good reason.

Full Answer

What if I go to a social security hearing without an attorney?

What if I go to a Social Security hearing without an Attorney or a Disability Representative? There is no guarantee of winning a disability hearing with or without the presence of competent and experienced social security representative or attorney.

When will my attorney speak to me before my disability hearing?

It is not unusual for attorneys to wait until a month 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 staff members.

Should I represent myself at a Social Security disability hearing?

In these instances, the claimant should never have been required to go to a disability hearing, or to wait so long before receiving Social Security Disability or SSI disability benefits. Without representation, the majority of individuals appearing at disability hearings will be denied.

How do I prepare for a Social Security disability hearing?

When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

Can Social Security overturn a judge's decision?

Answer. Technically, yes, a favorable ALJ decision (one that grants benefits) after a disability hearing can be overturned by the Appeals Council.

What are the odds of winning a Social Security Disability hearing?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

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.

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.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

How many times can you appeal a Social Security denial?

A disability claim can be appealed once, twice, even three times. The Social Security Disability appeal process involves several levels of appeal for denied disability claims. With each disability application that is filed, there are usually four levels of appeal that can be filed.

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 does it mean started a final review to make sure that you still meet the non-medical requirements for disability benefits?

Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.

How fast can SSI be approved?

Generally, 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 is SSI back pay calculated?

The calculation is rather simple. The SSA takes the months between your application date and your approval date and multiples it by your monthly payment. If you receive the maximum payment of $735, and it took the SSA eight months to approve your claim, you would be entitled to $5,880 in back pay.

Will SSI release backpay early?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.

How is SSI back pay paid out?

You should receive your SSDI or SSI back pay in a separate check or direct deposit one or two months following your approval. You may receive it before or after you receive your first monthly payment.

Who can be asked to come to an administrative hearing?

The Administrative Law Judge may ask other witnesses, such as a doctor or vocational expert, to come to the hearing. You and the witnesses answer questions under oath.

What happens after a hearing in the US Supreme Court?

After the hearing: The Administrative Law Judge issues a written decision after studying all the evidence. The Administrative Law Judge sends you and your representative a copy of the decision or dismissal order .

How soon can you submit additional evidence to the Administrative Law Judge?

If you do not have it when you request a hearing, send it to the Administrative Law Judge as soon as you can, but no later than five business days before the hearing date. At the hearing:

How long do you have to appeal an ALJ decision?

Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. In counting the 60 days, we presume that you receive the notice five days after we mail it unless you can show that you received it later. If you do not file an appeal timely, the ALJ may dismiss your appeal.

How long before hearing to submit medical evidence?

Make sure that any new or updated medical evidence you want considered has been submitted at least 5 business days before the date of the hearing by either you or your representative (the earlier the better). It may result in an early favorable decision for you, eliminating the need for a hearing.

What is the next step in the appeals process?

The next step in the appeals process is a hearing before an Administrative Law Judge (ALJ). You or your representative may request a hearing by an Administrative Law Judge.

How far away from home can you have a video hearing?

The Administrative Law Judge usually holds the hearing within 75 miles of your home.

What do I do if I missed my Social Security Disability Hearing?

If you have waited for more than a year for your Social Security Disability hearing to be scheduled most likely you are prepared and planning to attend.

What does the SSA say about rescheduling a hearing?

The SSA states that if you are not able to attend the hearing you must contact the Administrative Law Judge as soon as possible before the hearing and state the reason. The SSA states that, “the Administrative Law Judge will reschedule the hearing if you have provided a good reason.

When to hire an attorney for SSI disability?

Hiring an attorney for SSI disability can happen when you first file a claim, when you’ve been denied and are seeking an appeal, or anytime during the process of your case.

Is SSI a needs based program?

As SSI is a needs-based benefits program, it’s crucial to know the likely timeline of your case as it evolves. This way, you can plan financially for when you can realistically expect to begin receiving benefits.

What does it mean when a defendant calls his attorney?

A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.

What are the ethical obligations of a lawyer?

Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.

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 to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What is a good disability lawyer?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

What does an attorney do with medical records?

Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.

Is Social Security giving more weight to doctors?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Can medical records be harmful to disability?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.