what does an ssi lawyer need from me

by Dr. Clint Larkin DDS 7 min read

That SSI lawyer should have a certificate from a state or federal organization dealing in social security litigation. Maybe, most of all, your SSI lawyer should have years of experience in litigating in front of the social security administration and know all the statutory laws governing supplemental security income

Supplemental Security Income

Supplemental Security Income is a United States means-tested federal welfare program that provides cash assistance to individuals residing in the United States who are either aged 65 or older, blind, or disabled. SSI was created by the Social Security Amendments of 1972 and is incorporated in Title 16 of the Social Security Act. The program began operations in 1974.

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Full Answer

What is it that SSI lawyers do?

What Is It That SSI Lawyers Do? Supplemental Security Income, also known as SSI, is a federally funded program aimed at helping disabled, blind, or elderly Americans with the money needed to meet the needs of daily living in America.

Do I need a Social Security disability lawyer?

En español | It's not required, but you do have a right to professional representation in your dealings with the Social Security Administration (SSA). This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements.

Should I hire a lawyer if I have been denied SSI benefits?

If you have been denied SSI benefits in the past, but truly believe that you should qualify for them, you should consider hiring a professional lawyer to help represent your case. You do not have to already have been denied to hire a lawyer because a lot of people feel like they should already have a lawyer just in case they need one.

Why do I need a social security attorney or advocate?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

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What should you not say in a disability interview?

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.

What medical evidence do I need for SSI?

For a Social Security disability (or SSI) case, medical evidence takes many forms, including physician examination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CT scan, and X-rays).

What can disqualify you from SSI?

Generally, the more countable income you have, the less your SSI benefit will be. If your countable income is over the allowable limit, you cannot receive SSI benefits. Some of your income may not count as income for the SSI program.

How do you fight for SSI?

You can file the hearing request at your local Social Security office or call Social Security and have them mail you the request for hearing form, then fill it out and mail it back. Their toll-free phone number is 1-800-772-1213, 7:00 am - 7:00 pm; TTY 1-800-325-0778.

What counts as medical evidence?

Medical evidence can encompass a variety of information, for example: • Prescriptions. Care plans. Information from professionals such as a GP, hospital doctor, specialist nurse, occupational therapist, physiotherapist, social worker, support worker or counsellor.

How far back does Social Security disability go back?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

Does SSI monitor your bank account?

If you receive benefits through the federal Supplemental Security Income (SSI) program, the Social Security Administration (SSA) can check your bank account. They do this to verify that you still meet the program requirements.

Why does SSI want a phone interview?

Basically, they are checking to see how poor you are. They also ask about your household, living situation, and rent, to help decide how much SSI you will get. This interview only happens for SSI. It does not happen for SSDI.

How do I hide money from SSI?

Here are some suggestions for what an individual could buy to spend down a lump sum:Buying a home or paying off a mortgage, if the SSI recipient is on the title or has a lifetime agreement to be a tenant of the home. ... Buying a car or paying off a car, if the SSI recipient is on the title.More items...•

Can you be denied Social Security benefits?

If you were denied Social Security disability benefits, the most likely reasons for the denial are: You make more than $940 a month. If you make too much money, you will be denied disability benefits outright. Your disability will not last at least 12 months.

What is the next step after being denied disability?

If you have been denied disability and can't work, you should file an appeal for reconsideration with the SSA. Filing a new claim after getting one denied simply leads to the same decision made for the first claim. Work with a Social Security attorney to get the compensation you deserve for your disability.

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.

The Advantages of Hiring a Social Security Disability Lawyer Before You Apply

If you hire an experienced Social Security disability lawyer before you apply for Social Security disability benefits, then you can be confident that your attorney will:

The Advantages of Hiring a Social Security Disability Lawyer If You Need to Reapply

You may not have hired a lawyer the first time you applied for Social Security disability benefits and your application may have been denied. However, you can benefit from a Social Security disability lawyer if you need to reapply. Specifically, you should consider that:

What Does it Cost to Hire a Social Security Disability Lawyer?

If you decide to hire a lawyer to represent you at any stage of the SSA disability process, you should know how that lawyer is paid. First and foremost, you do not pay the lawyer any fees that are not part of your settlement. Federal law regulates this. You only pay if the lawyer succeeds in getting your benefits for you.

How do I qualify for SSI?

The requirements for SSI require you to have little to no income, and one of the following: 1 You must be at least 65 years old. 2 You must be blind. 3 A determination that you are disabled must be made.

How to contact SSI disability?

Contact us online today for more information. We can also be reached at (618) 732-0146.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

How does the SSA work?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

What happens if you claim Social Security?

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.

Where can I get SSA-1696 form?

Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

Does having a representative help with disability?

But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.

What is the benefit of having an SSI attorney?

Having an SSI attorney gives you these advantages: Your SSI attorney will communicate with the SSA on your behalf. Your SSI attorney will help build your file with the right information. Your SSI attorney will connect the symptoms of your disability to the letter of the law, to best help you win benefits. If you are denied and need ...

How to apply for SSI without an attorney?

First, you would be responsible for all documentation and research regarding your own case. You would need to file all your initial documents and attach the most important medical records to your file.

How to find a good SSDI attorney?

Quick Tips on Choosing an SSI Attorney: 1 Choose a law firm that specializes in disability. 2 Choose a law firm that is local and knows the judges and administrators in your county. 3 Choose a law firm with the most experience in SSDI and SSI. 4 Choose a law firm that treats you like an individual, not a number. 5 An SSI attorney isn’t paid unless they win your case.

What is the difference between Social Security Disability and Supplemental Security Income?

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need. If you are applying for SSI, you have limited income and resources and have not paid enough ...

Can I get SSI if I have limited income?

If you are applying for SSI, you have limited income and resources and have not paid enough into Social Security to be eligible to receive benefits directly from Social Security. SSI is instead funded by taxpayer dollars.

Can I go to an SSA office in person?

With an SSI attorney on your side, your legal team will communicate with the SSA on your behalf. There’s no need for you to visit an SSA office in person.

What to do if denied Social Security disability?

If you're denied at the application level, it becomes more important to hire a lawyer. Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.

How long do you have to wait to get a disability hearing?

And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

Can a claimant file a lawsuit without an attorney?

Without an attorney, it's difficult for a claimant to do this successfully. In addition, your lawyer will likely be familiar with how the particular judge likes to run hearings, and will be able to present evidence according to what the judge likes—and does not like—to hear.

Does disability affect Social Security?

While the severity of your disability doesn't affect the amount of money you get, the date that Social Security thinks you became disabled does matter.

Accuracy

With Affleck & Gordon, we make sure we conduct a thorough intake consultation with our clients to provide as much clarity as possible regarding what the SSA expects from a claimant to have their claim approved. When you begin your SSI claim, you have several options. You can file your claim online if you meet certain categories.

Communication

One of the greatest benefits of having a lawyer for SSI on your side is that we’ll communicate as a team with you and the SSA, and the SSA will also contact your legal team throughout the process at all times. We’ll also communicate with you every step of the way.

We Know the Law

It’s often said that “you don’t know what you don’t know.” At Affleck & Gordon, we know the law and the intricacies that could trip up your claim. We know the right documents needed to support your claim so that you are more likely to receive the appropriate benefits for your disability.

We Fight For You

Simply put, the Social Security Administration may move quicker when they see that you have legal representation. They understand that legal teams take on cases deemed winnable, and that the best SSI lawyers will fight to win on behalf of their clients.

Who Are We?

We’re Affleck & Gordon, and we’re a firm dedicated to assisting disabled and injured people in Georgia. Tens of thousands of our clients receive Supplemental Security Income and Social Security Disability Insurance (SSDI) with our team on their side.

Do legal professionals get paid?

Legal professionals get paid only if you win, so they do what they can to give you the best chance of winning. Updated By Bethany K. Laurence, Attorney. If you're considering filing a Social Security disability claim because you find it hard or impossible to work, or you've already filed a claim and been denied, ...

Do I need an attorney for disability?

Though you aren't required to have an attorney in a disability claim (with an appeal to federal court being the exception), attending a hearing before a judge without the assistance of a legal professional can result in a lost opportunity to win disability benefits. ( Here's why .)

Is a disability claim denied at the initial claim level?

Statistically, the vast majority of Social Security Disability (SSDI/SSD) and SSI claims are denied at the initial claim and reconsideration levels, whether or not a disability claimant ( applicant) is represented by an attorney (or nonattorney representative).

Can I afford a disability lawyer?

Most disability claimants think they can't afford a disability lawyer or law firm, but a lawyer can charge you only if Social Security approves you for benefits, at which point the lawyer's fee is taken out of the back payments that Social Security will owe you.

Do you have to go to an ALJ hearing for SSDI?

For this reason, most SSDI and SSI claims will need to go to a hearing in front of an administrative law judge (ALJ) before a claimant can hope to receive disability benefits. It is at the level of an ALJ hearing that having a disability attorney can really help win a claim.

How do I get a disability lawyer?

If you have filed your SSDI or SSI application you are most likely now playing the “waiting game.” Although some applicants are approved immediately, most are not. In fact, up to 75% of first time disability applicants are denied the first time they apply and may have to appeal their disability denial.

How is the SSI or SSDI disability lawyer paid?

So if the Social Security Administration is not going to pay for a disability lawyer and you are out of work with limited funds, what are your options for payment? The good news is the disability lawyer is only paid if you win. Their rate is established by the SSA, and they will be paid 25% of your back pay up to a maximum of $6,000.

Why will the SSA not help me more with my disability case?

Claimants often wonder why the SSA is not more helpful when they are applying for SSDI or SSI benefits. For instance, why do they not spend more time with you or meet with you? Why doesnÂ’t the SSA seem to care about your case? The bottom line is the SSA processes millions of applications per year and they are simply overwhelmed.

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