The law is no different. When meeting with a disability attorney, ask how much of her practice is devoted to handling SSD claims – it should be a good chunk, if not 100%. You should also ask about any professional organizations they belong to and what type of continuing education they receive.
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To determine if you meet a listing, your attorney will first see if your illness has a disability listing in Social Security's "blue book." If it does, the attorney will review the requirements of the listing and compare them to the evidence in your case. (For more information, see our section on listed disabilities .)
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.
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 the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).
$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.
Expected, we'll normally review your medical condition within six to 18 months after our decision. Possible, we'll normally review your medical condition about every three years. Not expected, we'll normally review your medical condition about every seven years.
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.
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.
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.
For example, if you are being examined for a medical condition, you should not tell a doctor you have pain everywhere, or your level of pain is 10 out of 10 for everything if your daily activities are not consistent with this level of pain.
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.
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.
Top 5 Disabling Conditions that Receive Disability Benefits1) Arthritis. Over 50 million adults and 300,000 children are documented to have some form of arthritis. ... 2) Degenerative Disc Disease. ... 3) Cancer. ... 4) Paralysis. ... 5) Parkinson's Disease. ... Contacting a Social Security Attorney.
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 does Social Security make the decision? We send your application to a state agency that makes disability decisions.
Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.
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.
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...
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...
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...
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...
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...
What to Bring to a Meeting With a Disability Lawyer. Before you go, take a few minutes to write down a record of the places you've worked over the last fifteen years , with approximate dates. If you've worked recently, include details on work you had to miss due to your disability. If you have any of your medical records, ...
An initial consultation with a disability lawyer is not, of course, entirely about providing the attorney with information and documents. You're entitled to ask questions of the lawyer to make sure you would feel comfortable working with him or her. Here are a few questions you may want answers to.
If you have been denied Social Security benefits, take your denial letter with you to your attorney consultation. Often, it holds valuable information that a lawyer can use to strengthen your application before you resubmit it for an appeal.
Make sure you bring with you to the appointment your current or most recent employment information, including: the name of the company, the dates you were employed, the nature of your job, your wage or salary, and the contact information for your supervisor.
Your doctors are another essential component of a successful claim. After your attorney reviews your case, they might decide that a personal statement from one or more of your treating physicians is necessary.
Your medical records are vital to your Social Security disability application. The SSA has strict requirements as to what conditions qualify for benefits. Its “ Blue Book ” lists the conditions eligible for automatic approval (provided you meet all the criteria for a given condition). If you do not satisfy a listing, you can be approved by showing that your condition affects your functional capacity similar to the way a condition in the book would.
Moreover, your lawyer, from their past experience fighting disability claims, might notice a certain medication on your list and ask for more information, details that could bolster your claim and give it a stronger chance of approval.
Although it is possible to bring too little to your consultation, you can never have too much information . Your attorney can always disregard anything that is not applicable or does not help your claim. Aside from what we mentioned here to bring to your first meeting with a disability lawyer, if you have a document or piece of evidence you think might help, bring it with you.
It is important to understand whether or not the individual you hire has experience working with your type of claim. It can definitely be a hindrance to your case if the lawyer you hire doesn’t have the knowledge and has to do the homework before they even get started.
Understanding who you are hiring and what that fully entails are key factors you need to evaluate when deciding how to move forward with your claim. These 12 questions to ask a disability lawyer are important; however, they are just a suggested list.
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.
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.
The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.
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, ...
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.
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.
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.
Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...
Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.
The fee may change if your case is denied at the hearing level and proceeds to the Appeals Council. Be sure that your attorney explains the fee structure both at the Appeals Council and in federal court.
Although Social Security allows non-attorney advocates to represent claimants in disability hearings , there are many benefits to insisting that your representative is a licensed attorney. In particular, lawyers are more likely to be familiar with relevant Social Security regulations and case law, and unlike non-attorneys, ...
In your initial consultation, your lawyer should give a full assessment of your case. In some cases, an attorney will see clearly that you don’t have a solid case and most likely will not be awarded benefits but will neglect to tell you so that they can collect a fee.
Disability law is a highly specialized field, and a general practitioner attorney will not be as knowledgeable or familiar with the ins and outs of the SSA when handling your case as a disability attorney would.
It’s important to know your disability attorney’s credentials, from their educational background, license to practice law, and experience. When asking about experience, it’s important to get a good idea of success rates, especially if you’re hoping that they will handle your Social Security disability appeal and overturn your rejection.
It’s not uncommon for a lawyer to pass off their work to another staff member. All of your questioning about your disability lawyer’s qualification and competence are irrelevant if they are passing off the brunt of your case work to a member of their staff who doesn’t meet all of those qualifications.
Get a clear idea of what your disability attorney needs from you. Whether they are building your case from the ground up or taking over for your Social Security disability appeal, there could very well be information or documents that are needed in order to best represent your case.
You’re in a vulnerable position. It’s crucial that you have a solid understanding of the financial agreement that you’re making before you commit to a disability lawyer. Disability lawyers work on a contingency fee; if you win, the usual agreement is that their fee is a certain percentage of your back pay benefits (i.e.
Choose RGG Law. We specialize in disability law. We are members of NOSSCR; we are knowledgeable and experienced. Give yourself the best chance; make sure that a qualified disability attorney is handling your claim. Call RGG Law and schedule your free consultation with one of our disability lawyers.
No matter what Social Security Disability lawyer you hire, they will need your participation and cooperation to win your claim. The more you can do to help your claim, the better. Ask at your initial meeting what you can do to help increase the chances that you will win. The attorney might suggest gathering certain documents, getting regular medical treatment, and following the medical advice of your physician. Be willing to follow the suggestions of your attorney.
Most SSD claims take more than a year to resolve, and some claims drag on for almost a decade. During that time, you’ll need to place a lot of trust in your SSD attorney. Here are 10 questions you should discuss with your Social Security Disability ...
Schedule your Social Security Disability consultation today. Call Joyce & Bary Law at (540) 613-5090 & (866) 257-0909. You can also use our convenient online contact form.
You would expect that your Social Security Disability lawyer and judges understand common conditions like degenerative disc disease or severe depression, as well as the limitations that these conditions place upon clients. If your injury or medical condition is not quite as common as others, you will want to ensure that the SSD attorney you hire understands and is familiar with your condition. If not, you may lose your claim by not representing it wholly and accurately. Your case needs to show how your medical or health condition is affecting your ability to work for a living.
SSD claims are highly technical and require: A comprehensive investigation of your medical records. Familiarity with Social Security laws and regulations. Experience giving testimony to an administrative law judge (ALJ) The capability to cross-examine medical and vocational witnesses.
If you are facing a serious injury or illness that is keeping you from performing the duties of your employment, this may be one of the most stressful times of your life. You are not only dealing with pain and medical appointments, treatments, and tests, but you may also be worried about how you will pay your bills.
Consultative examinations: A medical expert examines you, giving direction about your diagnoses, prognosis, and restrictions. Vocational evaluation: An expert in occupations and workplace skills, compiles a report regarding the impact your disabilities may have on your ability to work. An experienced Social Security Disability lawyer will use ...
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.
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, ...
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.
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.
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.
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 .
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.
However, it will not preclude your initial disability lawyer from petitioning Social Security for part of the fee in your disability case if they refuse to sign a withdrawal letter.
However, there are some disability lawyers and disability representation firms that refuse to sign any kind of withdrawal letters so that they can petition for part of your disability fee should your claim be approved for disability benefits.