what does it mean if a disability lawyer sent you a letter

Whenever we send you a notice, it is because there is something you should know or do about your claim, benefit status or benefit amount. We send you a notice before we make a change to your benefit amount or eligibility. We will send a notice whenever we must tell you about activity on your case.

Full Answer

What happens when I first call a disability attorney?

What Happens When I First Call a Disability Attorney? 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.

What does it mean to receive a Disability Determination Letter?

What is a disability determination letter? After your application for Social Security Disability (SSD) has been reviewed and approved by the Social Security Administration’s (SSA) Disability Determination Services (DDS) office, you will receive a formal letter informing you of your eligibility to receive disability benefits.

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 .)

What is a Social Security Disability award letter?

What is the Social Security Disability Award Letter? It is a notice that refers to the fact that your claim for SSD or SSI has been approved and it details the amounts you will receive (more on this below). How does Social Security notify individuals that their claim has been approved for Social Security Disability or SSI?

What is a disability letter?

An award letter (also known as an award notice) is what the Social Security Administration (SSA) sends out to inform an individual that a claim for benefits has been approved. Though award letters go out for any type of benefit application, the term is most commonly associated with disability claims.

Where does disability denial letter come from?

The key to understanding this is in the denial letter you receive from the Social Security Administration (SSA). This letter details your medical conditions, explains how these conditions compare with SSA's standards, and determines how your application doesn't meet SSA's requirements.

How long after I receive my award letter will I get my money?

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.

How long does it take to get your award letter from disability?

between 1-3 monthsWhen the Social Security Administration approves your application to receive Social Security Disability Benefit payments, you will receive a Social Security Benefits Award Letter, which usually arrives between 1-3 months after the decision.

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.

How many disability claims are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

Will I get my SSDI back pay before my award letter?

The actual amount varies from case to case. Once your claim has been approved, you will be sent an award letter as notification. Besides telling you how much you'll be receiving each month in benefits, it will also tell you the amount of back pay you are owed and when you can expect to receive it.

How will I know if my Social Security Disability is approved?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

How do I get my SSDI award letter?

To set up or use your account to get a benefit verification letter, go to https://www.ssa.gov/myaccount/ You cannot request a benefit verification letter online for another person, such as a spouse or child. yourself, you can call us at 1-800-772-1213 (TTY 1-800-325-0778), Monday through Friday from 7 a.m. to 7 p.m.

Is disability back pay paid in a lump sum?

Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved. If a lawyer or other professional advocate represented you in your disability case, the SSA will pay their fee out of your back pay.

What happens after a fully favorable decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

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.

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...

What does it mean when a disability does not meet an impairment listing?

If the letter says, “does not meet an impairment listing” that means that your condition does not meet or equal (is not the same as ) a disability or impairment listed in the SSA’s “blue book” —the Listing of Impairments (officially titled, Disability Evaluation under Social Security).

What happens if you apply for SSDI?

If you have applied for Social Security Disability Insurance benefits (“SSDI” or “disability benefits”) chances are that you received a denial letter. Many applicants get denial letters. But getting a denial letter is one thing, and understanding it is another.

How long do you have to appeal a disability claim?

You have 60 days from the date of the letter (the date in the upper right-hand corner) to file your appeal with the SSA, so this date is very important. The information in the denial letter tells you how to appeal. However, if you have been denied benefits, you may want to hire an experienced lawyer for your social security disability appeal.

What does it mean when a letter says "non severe"?

If the letter says “non-severe,” for example, that means that you did not qualify because the Social Security Administration (“SSA”) believes that you do not have a “severe” medical or physical condition. If the letter says, “does not meet an impairment listing” that means that your condition does not meet or equal (is not the same as) ...

Is a denial letter the last word on disability?

DENIAL LETTERS ARE NOT THE LAST WORD ON BENEFITS. Denial letters are discouraging, yes, but they are not the final word on disability benefits. It is quite common for the SSA to deny a disability application. This is why appealing the denial is one of the best things you can do to improve your chances of being awarded SSDI benefits.

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.

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.

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 .)

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 to do if you receive a letter from a lawyer?

It is a good idea to seek the advice of a lawyer if you receive a letter from a lawyer. Whether you are guilty or not, having a lawyer to advise you in how to respond to the letter can be very helpful. A lawyer can advise you of what your chances are if you decide to fight what you have been accused of and what your potential liabilities might be. If you recently received a letter from a lawyer, contact the office of Eric Harron for a free consultation.

What can a lawyer advise you on?

A lawyer can advise you of what your chances are if you decide to fight what you have been accused of and what your potential liabilities might be. If you recently received a letter from a lawyer, contact the office of Eric Harron for a free consultation.

What does it mean to go to court?

Going to court puts the onus of the plaintiff to prove that you are in the wrong. Do not admit to anything that is in the letter if you are contacted by the lawyer who sent the letter. Anything that you respond with could be used against you in court.

What does it mean if a letter is not legitimate?

If the letter is not legitimately from a lawyer, it may be an attempt by a con artist to obtain your personal or banking information. Examine the letter and determine what is the sender accusing you of, and if the facts that they are stating, point to your culpability.

What are the nonmedical requirements for SSDI?

The nonmedical requirements are as follows: For SSDI, the nonmedical issues include whether you have worked recently enough in a job that was required to pay FICA taxes into the Social Security system. (Learn more about the nonmedical requirements for SSDI .) For SSI, the nonmedical issues are determining your earned and unearned income and ...

What happens if you still qualify for SSDI?

If Social Security finds that you still fulfill the eligibility requirements for SSDI or SSI after its review, it will then send you a Notice of Award.

What is a favorable hearing notice?

If the Notice of Decision is an approval, it is called a favorable hearing notice, which can be either fully favorable or partially favorable. Here is a sample fully favorable notice of decision. (Learn about the difference between a fully favorable and partially favorable notice .)

What happens if you win a disability case?

If you win your Social Security or SSI disability case after a hearing with an administrative law judge (ALJ), you will receive a "Notice of Decision" letter from the Office of Hearings Operations (OHO). (This office was formerly known as the Office of Disability Adjudication and Review, or ODAR.)

What is Notice of Award?

If you are awarded benefits at the initial disability claim or reconsideration level (the first level of appeal), you will receive a " Notice of Award " that specifically details the amount of your monthly and past-due benefit amounts and when you should receive these checks.

What happens if you are denied disability?

If you are denied disability benefits after a hearing, you will receive an unfavorable decision notice, which will contain an explanation of the denial, the records that were used to come to a decision, and a list of your impairments that were evaluated.

How do I know if I won my Social Security disability?

If you win your claim for Social Security disability benefits or SSI disability, you will receive notification in writing from the Social Security Administration sometime after the approval has been made.