what do i need to bring to a disability lawyer office

^{The Items You Should Bring to Your First Meeting With a Disability Lawyer}

• Medical Records. Your medical records are vital to your Social Security disability application. The SSA has strict requirements as to what conditions qualify for benefits.
• Contact Info for All of Your Treating Physicians. Your doctors are another essential component of a successful claim. ...
• Dates of Your Doctor Visits. Since you will need to list your treatment history on your application, including the dates you have seen your various doctors, you should go ahead ...
• List of Medications. The SSA will want to know the name of every prescription you are taking. ...
Employment Information. 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 ...
Denial Letters, if Applicable. If you have been denied Social Security benefits, take your denial letter with you to your attorney consultation.
Application Paperwork. You should also consider bringing your application paperwork with you to the consultation. ...
Workers’ Compensation Documents, if Applicable. If your injury occurred at work, you might have been eligible to collect workers’ compensation. ...
Anything Else You Think Your Lawyer Should See. Although it is possible to bring too little to your consultation, you can never have too much information.

Do you need a lawyer for Social Security disability benefits?

When you’re applying for social security disability benefits, hiring a disability lawyer is not required by law. But doing so can be very beneficial for your case. According to the SSA, denied social security disability claims average at 53%. Most of them got denied during the initial application stage.

How does a disability attorney get a case?

When a disability attorney gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The attorney will then work with the applicant to get the necessary records and submit them on time to the SSA.

How will my attorney determine if I meet a disability listing?

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 .)

Should I hire a disability lawyer for medical evidence?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

What is a disability attorney?

Why hire a disability lawyer?

What expenses do you need to reimburse for a disability case?

How much does a disability attorney charge?

Can an attorney draft an OTR?

Can a disability lawyer be offended?

Can a non-attorney advocate represent a claimant in a disability hearing?

See more

About this website

What is needed for disability interview?

Dates you last worked; The names, addresses, phone numbers, and dates of visits to your doctors; The names of medications that you take and medical tests you've had; and. Marital information.

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 is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

How do I file for disability in NC?

How You ApplyComplete your application online.Call our toll-free telephone number 1-800-772-1213. If you are deaf or hard of hearing, you can call us at TTY 1-800-325-0778.Call or visit your local Social Security office.

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 hardest state to get disability?

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.

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 ...

What qualifies disability?

The legal definition of disability They have a physical or mental impairment, and. the impairment has a substantial and long-term adverse effect on the person's ability to carry out normal day-to-day activities. '

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.

How much is a disability check in North Carolina?

The maximum SSDI payment is approximately $3,345. The monthly Supplemental Security Income (SSI) benefits for 2022 are $841 for an eligible individual, $1,261 for an eligible individual with an eligible spouse, and $421 for an essential person (member of the household who helps care for the disabled person).

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 disability in NC?

three months to five monthsTypically, it takes three months to five months to get a decision on the initial application for disability benefits. The time may vary depending on how long it takes to receive your medical records.

What Happens When I First Call A Disability Attorney?

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...

How Will My Attorney Develop My Medical Evidence?

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...

How Will My Attorney Help Me Get Ready For My Hearing?

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...

Will My Attorney Arrange Witnesses For Me?

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...

How Will My Attorney Argue My Case?

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...

Medical Documentation

Your attorney will need to review your medical records for information to substantiate your disability. To do so, he will need information such as:

Other Information

In addition to medical information, your disability attorney will need:

Schedule a Consultation with a Houston Disability Attorney Today

If you’re no longer able to work due to a disabling condition but your claim has been denied, it’s important to get help as soon as possible appealing your denial. M. Stanley Whitehead handles all types of disability denials, including Social Security, Veterans and long term disability benefits.

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 does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How long before a disability hearing can you speak to a client?

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. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How to prove you are not sedentary?

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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

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 .)

How to get a disability attorney?

An attorney in disability can provide the following services: 1 Prepare the initial application 2 Attend disability hearings 3 Attend reconsideration hearings 4 Collect the necessary medical evidence 5 Obtain medical opinion from doctors 6 Contest Social Security Administration decisions 7 Advise clients on the law 8 Prepare and draft legal briefs for the Administrative Law Judge 9 Examine and cross-examine witnesses 10 Examine and cross-examine Vocational Experts or Medical Experts 11 Attend appears before the Appeals Council or Federal Court

What is disability lawyer?

A “disability lawyer” is a legal professional trained in the field of disability laws. An attorney in disability can provide the following services: Prepare the initial application. Attend disability hearings. Attend reconsideration hearings. Collect the necessary medical evidence. Obtain medical opinion from doctors.

How does legal representation help with disability?

Having legal representation will allow you to increase your chances of winning as your disability attorneys will evaluate the medical evidence, identify gaps, focus on the strengths, and avoid over-complicating the application.

What is the impact of disability on a case?

In a disability claim, a crucial factor impacting the overall success of the case is to have the right medical evidence in support of a claim. Submitting too much evidence, irrelevant evidence, contradictory evidence, or other can certainly lead to the denial of an application.

How much does a disability lawyer charge?

Disability lawyers can charge legal fees equal to the lesser of either 25% of your disability backpay or $6,000. There may be no initial payment (or very little) and the lawyer will receive the legal fees when you win your case.

Is it mandatory to have a lawyer for Social Security?

Having a lawyer is not mandatory. However, having an experienced lawyer who has seen many applications in the past and has dealt with the Social Security Office does bring value in structuring your claim in the best possible manner.

Can a disability lawyer help with a disability claim?

It’s not easy for a person and his or her family to go through a disability event. There may be many legal questions and confusion about the process, what are the disabled person’s rights and remedies, and so on. That’s when a disability lawyer can help clarify disability questions and help prepare a disability claim in the best possible way.

What do disability lawyers know?

Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that.

What happens if you hire a disability lawyer?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to get disability if you have never applied?

1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

Why is hiring a lawyer important?

One major advantage of hiring legal professionals is they know how to best present your case to the SSA.

Do you need a lawyer for SSDI?

But based on the results of a survey conducted by a private firm, about 60% of those who got their SSDI or SSI benefit did so with the help of a lawyer. This gives us an idea of how important disability attorneys are when fighting for your disability benefits.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why are disability advocates important?

Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

What is the most important factor in winning a Social Security claim?

The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What is a disability attorney?

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.

Why hire a disability lawyer?

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 ...

What expenses do you need to reimburse for a disability case?

What case-related expenses will I need to reimburse, and will I be charged for them win or lose? Virtually all disability attorneys require you to reimburse them for expenses related to your case, including the cost of medical records requests, medical source statements, postage, and sometimes travel expenses. Make sure you're clear on what expenses are included, the average amount clients usually pay, and whether you'll be charged even if you lose your case.

How much does a disability attorney charge?

What is your fee? Disability attorneys generally require little or no money up-front, and instead charge 25% of their clients' disability back benefits, with a cap of $6,000. 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.

Can an attorney draft an OTR?

Will you consider drafting an on-the-record (OTR) request? In cases whether there is overwhelming evidence of disability, an attorney may draft an OTR request to ask the judge to approve you without a hearing. While this can be time-consuming and certainly isn't appropriate in all cases, your attorney should be willing to consider submitting an OTR request if he or she thinks it could be successful.

Can a disability lawyer be offended?

Rest assured that an experienced disability lawyer won't be offended or annoyed to answer any questions you have. On the contrary, most attorneys will be pleased that you care enough about your case to make sure you're hiring the right person.

Can a non-attorney advocate represent a claimant in a disability hearing?

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, ...

What is a disability attorney?

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.

Why hire a disability lawyer?

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 ...

What expenses do you need to reimburse for a disability case?

What case-related expenses will I need to reimburse, and will I be charged for them win or lose? Virtually all disability attorneys require you to reimburse them for expenses related to your case, including the cost of medical records requests, medical source statements, postage, and sometimes travel expenses. Make sure you're clear on what expenses are included, the average amount clients usually pay, and whether you'll be charged even if you lose your case.

How much does a disability attorney charge?

What is your fee? Disability attorneys generally require little or no money up-front, and instead charge 25% of their clients' disability back benefits, with a cap of $6,000. 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.

Can an attorney draft an OTR?

Will you consider drafting an on-the-record (OTR) request? In cases whether there is overwhelming evidence of disability, an attorney may draft an OTR request to ask the judge to approve you without a hearing. While this can be time-consuming and certainly isn't appropriate in all cases, your attorney should be willing to consider submitting an OTR request if he or she thinks it could be successful.

Can a disability lawyer be offended?

Rest assured that an experienced disability lawyer won't be offended or annoyed to answer any questions you have. On the contrary, most attorneys will be pleased that you care enough about your case to make sure you're hiring the right person.

Can a non-attorney advocate represent a claimant in a disability hearing?

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, ...