If you do not have a Social Security disability lawyer representing you at your hearing, you will be relying on the Social Security Administration (SSA) to request and submit all pertinent medical records to your file.
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However, claimants who go to disability hearings with representation provided by a disability lawyer or a non-attorney disability representative have been shown to have a sixty-two percent percent chance of being awarded disability benefits. This means representation increases the odds of being approved by at least fifty percent.
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.
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 .)
Don’t let untreated hearing disability prevent you from keeping pace with your co-workers and others in the highly-competitive job market. *Lisa Klop, Au.D. is an Educational Specialist for Sivantos, Inc. She is responsible for training customers and sales staff on the company’s current technology and products.
The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.
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.
At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.
Requesting an Expedite of the Hearing Based on Dire Need If your financial situation has declined so severely that you do not have the money to meet your basic living needs, you can request a “Dire Need” letter to the SSA's ODAR. If the SSA agrees that you are in dire need, your appeals hearing will be expedited.
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.
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)
0:052:31How to Describe Your Daily Activities at Your Disability Hearing - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey ask how you spend a usual day. They use your description to figure out whether or not yourMoreThey ask how you spend a usual day. They use your description to figure out whether or not your daily activities are consistent with the symptoms. And limitations you describe.
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.
Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.
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.
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.
For most, this process takes three to five months, but each case is highly individual and, in some cases, it can take over a year to reach an initial decision. And during the COVID-19 pandemic, with SSA representatives working from home, mail delays and other delays, the wait times have grown even longer.
What Type of Questions Will Be Asked at Your Disability Interview...When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?
Consider taking charge during the first interview to talk about your disability and how you would handle any impact on the job. You may want to describe any accommodation you use, how it helps your performance, or demonstrate how you would perform difficult functions.
It Instantly Connects You With People in the Room Avoid getting lumped in with the rest of the candidates by forming a connection early. Addressing your disability demonstrates your honesty, something which few interviewers will frown upon.
How to Answer Disability QuestionnairesWrite clearly and legibly. Avoid erasures as much as possible. ... Do not leave any section of the form blank (unless otherwise specified). ... Give consistent answers. ... Answer the questions truthfully. ... Follow the instructions on the form.
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...
The first step of the analysis is usually straightforward: you may not be engaged in a substantial gainful activity, or SGA (generally, earning $1,...
At step two, the ALJ discusses whether your impairments are “severe” according to the SSA’s definition. An impairment is considered severe if it in...
At the third step of the analysis, the written opinion will discuss whether your impairment meets or equals one of the medical conditions (called a...
During this step, the decision will discuss the jobs you performed in the past, including your duties, the hours you worked, how long you were with...
Step five of the analysis is the usually most detailed portion of the opinion. In this final step, the ALJ will discuss your documented symptoms, r...
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.
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.
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.
Did you receive the hearing acknowledgement letter and its enclosure (s)?
I understand my right to representation at the hearing. I voluntarily waive this right, and I request to proceed without a representative. I also acknowledge that I received a list of organizations that provide legal services prior to receiving the Notice of Hearing.
I have requested a postponement of my hearing so that I may obtain a representative to help me in my claim for benefits.
After you attend a disability appeal hearing and the administrative law judge (ALJ) has heard your case, the judge will send a written opinion (decision) to you. The decision will state whether you were approved or denied, ...
If the ALJ denies your claim, you have 60 days to ask the Appeals Council (AC) to review your case. Your appeal must be in writing and, in order to be successful, must demonstrate that the ALJ's decision was not based on substantial evidence.
If the judge finds you are not performing SGA, the opinion will proceed to discussion of step two.
The judge's written opinion (explanation) of the decision will outline each step of the judge's five-step evaluation process and apply the facts of your case at each step.
When you applied for disability, you provided the SSA with an alleged onset date. This is the date you felt you became disabled due to your condition. But the judge doesn't need to agree with this onset date when awarding you benefits.
There are legitimate reason they may not be able to argue your case: you have started working too much and they know you will be denied, you have not been responsive to their request for information or they have lost contact with you. Your lawyer may also have determined they have taken on too many cases and they do not believe they can effectively work your case.
The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.
An employment lawyer can evaluate your situation, determine if your employer did indeed violate your rights, and assist you in filing a charge of discrimination on the basis of disability, and if necessary file a lawsuit against your employer. Employment law, disability discrimination, and your rights are complex subjects.
The ADA applies to private sector companies with 15 or more employees, as well as federal employers. Employers are required to know what the ADA mandates and ensure that management complies with its edicts. Employers are also required to post a notice describing the provisions of the Act in an easily-viewable location on premises, ...
If you choose to reveal your hearing difficulties the employer cannot discrimina te against you or refuse to make a reasonable accommodation for your hearing disability as needed during the interview process (e.g., requesting to be interviewed in a quiet room).
While you can be asked if you have hearing disability (so long as that is a standard question asked of all new employees) you cannot be required to take a hearing test unless hearing well is a fundamental requirement (e.g. safety reasons) of the job.
For example, if you interview to be a court stenographer, but have profound hearing loss that makes it impossible to catch everything others say, an employer can reasonably argue against hiring you because you cannot perform a task fundamental to the job.
The ADA does not require you to disclose your hearing impairment or use of assistive listening devices, like hearing aids, and a prospective employer should not contact your references or other third party and ask about your hearing.
If you fire your disability lawyer, you could still be liable for expenses the lawyer has incurred up to that point. When you retain an attorney to represent you in a disability claim, you have to sign a legally binding fee agreement.
If you do not inform your attorney and Social Security that you have switched legal representatives, it could create a nightmarish situation for you present attorney if your case is won and it is time to collect his fee.
Some attorneys refuse to represent a claimant if the letter of withdrawal is not already on file with Social Security. Most disability attorneys will not give their clients problems if they are informed of their desire to change legal representatives early on, before they have invested much time or money in the case.
Your old disability lawyer could petition Social Security for a portion of any back pay you are awarded, even if it is actually your new lawyer that represented you at the disability hearing. This is especially true if your former lawyer did a lot of work on your case before you fired him.
This usually means work that: You did in the 15 years before we decide your case, and. Involved significant and productive physical or mental activities done (or intended) for pay or profit, and. You did long enough to learn how to do it.
We need this information to see if you can do any of your past work. Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work. Information about your education and training are also very important to us.