social security lawyer how to get help

by Curt Gutmann 10 min read

Full Answer

How to find the Best Social Security lawyer?

  • Schooling
  • Internship
  • Licensing / Fingerprinting / Background check
  • Weapon licensing
  • Professional development

Why to speak to a social security lawyer before applying?

Why You Should Speak with a Social Security Attorney Applying for Social Security disability benefits can be a complicated process. An attorney is a great resource to have when filing a claim for Social Security disability benefits.

Why do you need a social security lawyer?

Some initial questions could include:

  • Do you have experience with clients that have [your medical condition]?
  • How many approvals are at the hearing level?
  • What percentage of your cases did you win, gaining your clients their full benefits?

Should I hire a social security lawyer?

While you don’t technically need an attorney to represent you during the application process, hiring one can improve your chances of a successful claim. Statistics have shown that the Social Security Administration (SSA) is more likely to approve someone who is represented by an attorney. Fill out your information to receive a free case evaluation.

How much do lawyers charge for Social Security?

What to do if you can't resolve a Social Security claim?

What is a disability on Social Security?

What happens if you get nothing from a lawyer?

Can a lawyer guarantee you will win?

Can lawyers speed up the process?

Can I get Social Security if I can't work?

See more

About this website

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Who can help me with my Social Security?

You can call our National 800 Number at 1-800-772-1213 between 8:00 a.m. – 7:00 p.m., Monday through Friday.

How do you fight Social Security?

If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.

Can you sue someone for Social Security benefits?

File a Lawsuit Against the Social Security Administration by Yourself. Believe it or not, you can sue without an attorney in small claims court. It often consists of simply requesting a form for a small claim from your local clerk's office, completing and filing it for a fee. A court date is set when you file.

What is the fastest way to get Social Security disability?

Social Security has a program called TERI that allows the agency to expedite applications when the applicant has claimed a terminal illness or a condition that is usually terminal. If you have a terminal illness, make sure you submit your medical records with your initial application to speed up the process.

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.

What are the chances of winning Social Security appeal?

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%.

What is a 1699?

Social Security Online - SSA-1699 Registration of Individuals and Staff for Appointed Representative Services.

Can you garnish Social Security?

129.2Can your Social Security benefits be levied or garnished? If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony.

Can you be disqualified from Social Security?

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).

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.

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 ...

How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

Find the best Social Security & Disability lawyer near you - Avvo

FREE detailed reports on 9709 Social Security & Disability Attorneys. Find 25160 reviews, disciplinary sanctions, and peer endorsements.

Browse Social Security Attorneys & Law Firms Near You | Lawyers.com

Find a local Social Security attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Social Security lawyer for you.

Best Social Security Disability Lawyers Near Me - Attorney Ratings ...

Social Security disability cases can be denied for several reasons. If the Social Security Administration (SSA) denies your claim, it may be because you did not earn enough work credits to qualify, do not qualify under an exception, or your medical condition is not considered disabling.

Social Security Lawyer - Social Security Attorney, Law Firm Directory ...

Use the largest online Social Security lawyers directory to quickly find detailed profiles of attorneys and law firms in your area.

Finding a Lawyer to Help Fight a Social Security Overpayment ...

Some disability attorneys may be willing to help you appeal a Social Security Overpayment or get an overpayment waiver or repayment plan.

Top Rated Social Security Disability Lawyers by Location

Find a local Social Security Disability attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Social Security Disability lawyer for you.

What a Social Security lawyer can do for you

Social Security lawyers are most often retained to help disabled people get Social Security Disability (SSDI and SSI) benefits. These attorneys also help with issues related to Social Security retirement and survivors’ benefits.

Why hire a Social security attorney

Social Security lawyers most often help clients get disability benefits in the form of SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income). These lawyers can also offer help with Social Security Retirement and Survivors Benefits claims.

Why don't I get full benefits?

In most cases, people don’t get the full benefits because of mistakes they make when filing your claim. As stated earlier, a lawyer will help you reduce these mistakes. They will also use their knowledge of the laws associated with the SSA system to gain their full benefits.

Is it hard to deal with the SSA?

The SSA system is a very complex one and it can be very difficult for an individual to deal with it. One of the benefits of hiring a social security lawyer is they can guide you through what is a very complicated process.

What to do if you have an attorney on disability?

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help you with your overpayment. The attorney will already be familiar with you and your disability case, and might be more willing to help you than an attorney who did not have a relationship with you.

How long does it take for a Social Security attorney to return money?

If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

What does Social Security consider when deciding a fee?

Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security ...

Where do attorneys hold their retainers?

Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...

Do disability attorneys overpay Social Security?

Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long can you wait to receive back pay from SSA?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

Who is more likely to have disability claims approved?

A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.

Is the Blue Book written for disability?

The Blue Book can be difficult to understand as it is written for medical professionals or disability advocates. The need for a Social Security disability lawyer arises when your initial claim for Social Security Disability is denied. It is at this point that you should consider hiring an attorney to represent your interests.

Can an attorney represent you at a hearing?

An attorney can represent you at this hearing and will be able to help you prepare for questioning at the hearing. An attorney will be able to determine what kinds of questions you will be asked and will be able to help you determine the best way to proceed with your claim.

Tips You Can Follow For Finding Social Security Disability Lawyer

When you find any social security disability lawyer, you must follow certain basic norms to get things done correctly.

Which Factors Must You Consider Before Selecting A lawyer?

You must consider several factors at your end while you want to select the best social security disability lawyer for your case. Some of them are as follows:-

Final Take Away

Hence, if you want to get the best assistance from the Social security disability lawyer then you can follow the mentioned points to get the things done in your favor. A proper selection of lawyers can make your life easier.

When did Social Security stop paying for legal aid?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case.

Can I get an attorney for my disability?

Applicants for Social Security disability (or SSI disability) are very unlikely to find an attorney to represent them for free, even at legal aid offices. This is because attorneys who help disability claimants work on a contingency basis, meaning that they only get paid for their work if they win your case. In addition, fees paid ...

Can a lawyer collect disability backpay?

However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

Can SSI claimants get a lawyer?

This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases.

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

Can a lawyer guarantee you will win?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win. With the help of a good lawyer, you’ll up your chances of winning, but lawyers can’t ethically say that they will win your case for you. If they do, that’s probably a lawyer to avoid.

Can lawyers speed up the process?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

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Guidance

Knowledge of Local Laws

Gathering Evidence

  • For you to receive social security disability benefits, then you will have to present evidence for your claim to be approved. The evidence will include medical records, bill payments, drug prescriptions, and other documents. A social security attorney will offer valuable advice on which evidence is necessary and how to collect it. They may even help you gather the evidence you ne…
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Advocate Your Cause

  • Applying for social security disability benefits is a daunting challenge. There are thousands of other disabled people competing for a tiny pool of funds. It will be very difficult for you to follow through on your claim. Moreover, your application can be delayed for a wide variety of reasons. One way in which a social security lawyer can help you is to champion your cause. They canuse …
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Denials and Appeals

  • When you apply forsocial security disabilitybenefits, chances are that you will get rejected. In fact, more people are rejected than accepted for the program. A social security lawyer will help you deal with such denials. If you decide to appeal the decision and apply again, the lawyer will do whatever is necessary to ensure your subsequentclaim is...
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Get Full Benefits

  • Just because your social security application is accepted, does not mean you will get the benefits you ask for. If the benefits you get are not enough to sustain you, a social security attorney will help you get full benefits from the program. In most cases, people don’t get the full benefits because of mistakes they make when filing your claim. As stated earlier, a lawyer will help you r…
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