retired social security judge who is a disabillty lawyer?

by Sam Corkery I 7 min read

Prior to entering private practice as a social security disability attorney in 1997, Peter J. Lemoine served as a Social Security Administrative Judge for seven years. His practice is devoted entirely to social security disability law, and he has helped thousands secure social security disability benefits.

Full Answer

Are there any lawyers who work with Social Security disability?

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How do I find a Social Security disability lawyer?

The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims. Once you've chosen someone to handle your case, you need to notify Social Security in writing.

How do I get my disability lawyer to stop representing me?

If your lawyer agrees, ask her to notify Social Security that she is withdrawing from the case and is waiving the fee. You should also notify Social Security that you don't want your current disability lawyer to represent you.

What does a social security lawyer need to know?

Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to: use detailed opinions only from doctors who are specialists in diagnosing and treating your condition, and

image

What is the most a disability lawyer can charge?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

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.

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.

Can you be retired and get disability?

In most cases, you cannot collect Social Security retirement and Social Security Disability Insurance (SSDI) at the same time. You may, however, qualify for Supplemental Security Income (SSI) if you meet the strict financial criteria while drawing either Social Security retirement or SSDI benefits.

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 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 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...•

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 long does it take to get Social Security disability Once approved?

one to two monthsUnfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

Is it better to go on disability or retire?

In most cases, it is better to receive disability benefits until you reach full retirement age. If you collect early retirement, your benefits are permanently reduced. If you receive SSDI payments until you reach full retirement age, there is no permanent reduction in your retirement benefits.

What conditions are considered a disability?

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 ...

Which pays more Social Security or disability?

In general, SSDI pays more than SSI. Based on data from 2020: The average SSDI payment is $1,258 per month. The average SSI payment is $575 per month.

What is Social Security Disability?

Benefits under the Social Security Disability program provide financial support to people and certain family members when the wage-earner is unable to work for a year or more, or if death is expected. There are several areas of concern that are included in making the decision to grant these benefits to an applicant. Many claims are initially denied; with proper legal assistance, your chances of winning these benefits are much improved.

Who is Dan Hyatt?

A retired Social Security Judge, Attorney Dan R. Hyatt has the detailed knowledge needed to deal with this government agency. He has been licensed to practice law in Oregon since 1978, and continues to provide legal advice and representation to people who need these important benefits.

Can I claim disability if I am hurt?

When you are hurt and unable to continue working for a long period of time, you may be able to claim Social Security Disability benefits. There are many rules that apply to this important financial benefit program, and your needs will be even greater due to your medical condition. In Washington and Oregon, you can get help right away from Day R. Hyatt, an experienced attorney who can help you win those benefits quickly.

image