what does lawyer do after disability appeal won

Many cases are won at the appeal stage. If you are denied disability benefits, your disability attorney can appeal the decision for you. In that case, you will have the chance to present your case before an administrative law judge who will hear your appeal and make a decision.

Full Answer

How can a disability lawyer Help you Win Your 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 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 .)

Should I hire a lawyer for my disability appeal hearing?

If you lose the reconsideration, you should definitely consider hiring a lawyer for the appeal hearing. To learn more, read our article on how hiring a disability attorney can help you win benefits. If you do appoint a lawyer as your representative, the SSA will need to approve the fee agreement you make with that representative.

What happens at an appeal hearing for SSA disability?

Prepare You For the Hearing Most SSA disability claims that were initially denied get approved during the appeals hearing with the administrative law judge (ALJ). The appeals hearing is most probably your only chance to briefly tell the judge why you deserve those benefits.

What happens when you get in touch with a disability lawyer?

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.

Can a fully favorable decision be reversed?

If you have been approved for Social Security Disability Insurance (SSDI) benefits, you may be wondering, can a fully favorable decision be reversed? Unfortunately, the answer is yes.

What are the odds of winning a SSDI appeal?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

How do you get SSI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.

How long does it take to get SSI Once approved?

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 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 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 far back does SSDI backpay go?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

What is the maximum SSDI back pay?

SSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

How many years does SSDI back pay?

Usually applicants will receive their first installment of SSDI back pay 60 days after being approved for disability. After being approved, if you were disabled long before you even applied for disability, you may be eligible to receive retroactive SSDI payments for up to one year.

Who makes the final decision on Social Security disability?

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.

What happens after Social Security disability is approved?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

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...

When Will You Find Out Whether You Were Approved or Denied?

The ALJ will not make their decision regarding your case right away. Instead, the ALJ will send you a copy of the hearing decision in the mail. The time that it will take to receive this decision will vary depending on a number of factors, including the ALJ’s caseload.

What Information Will You Receive?

You will receive a copy of the hearing decision, which will tell you whether you have been approved or denied for benefits. If you are denied, the hearing decision should also explain the reason for the denial.

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 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 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 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 an initial interview with an 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. The interviews are usually done by phone; however, ...

What to do if your case is denied by DDS?

If your case has been denied by DDS, it may take an experienced disability attorney to spot any weaknesses in your medical history that may have worked against your claim, as well as any flaws in the disability examiner�s opinion, and submit new medical evidence or updates to the hearing office if necessary.

Can a lawyer take a case until it has been denied?

While there are some attorneys who will not take a case until it has been denied, a few others will follow a case from start to finish. A lawyer who represents a claim from the outset will know what medical records are needed to support your claim, and may have more pull when it comes to getting these records back from physicians in a timely manner.

Is it better to have a lawyer for SSI?

A Social Security Disability (SSD) or SSI claim has its best chance of being approved at this third level of consideration, and it cannot be stressed enough that it is a real advantage to have a lawyer represent you at this stage. Statistics show that 60 percent of disability claims are approved by an administrative judge when the case is presented by an attorney, as opposed to 40 percent when there is no legal representation.

Can a lawyer represent you in a disability case?

A lawyer specializing in representing claimants in disability cases can definitely be an asset to the individual fighting for disability benefits. This is particularly true if disability determination services (DDS), the state agency in charge of making Social Security Disability determinations, denies the claim at the disability application and reconsideration appeal levels, and the case later ends up before an administrative law judge at a disability hearing.

What to do if you lose a reconsideration hearing?

If you lose the reconsideration, you should definitely consider hiring a lawyer for the appeal hearing. To learn more, read our article on how hiring a disability attorney can help you win benefits.

What happens if you get denied Social Security?

When you apply for Social Security and your claim is denied, there are several levels of appeal that you can go through. Reconsideration is the first level of the appeals process in most states. You can request this reconsideration in writing by contacting the Social Security Administration.

Can you win a reconsideration if you have evidence of a medical condition?

Most reconsiderations are denied, so your chances of winning at that stage of appeal aren't good unless you have evidence that your medical condition has deteriorated -- or new evidence that you didn't have the first time around.

What are the reasons for appeal?

There are some common reasons why the Appeals Council would remand or award benefits in a case. These include situations where: 1 The ALJ ignored an important medical condition. For example, if you had been diagnosed with depression and the ALJ failed to even discuss this condition in the decision, or failed to find it to be a significant or "severe impairment," then this could be a basis for appeal. 2 The ALJ failed to discuss the opinion of a treating or examining doctor, or failed to give the opinion any weight. For instance, your treating doctor said you were limited to two hours of walking and standing each day but the ALJ failed to mention this opinion in the decision. 3 There was no vocational expert (VE) at the hearing. If the ALJ denied you disability benefits on account of there being other work you can do (besides your past work), but there was no VE at your hearing, your case should be remanded to a new hearing so that a VE can be present for questioning. 4 There is additional evidence that the ALJ did not consider. If there are any medical statements or evidence about your disability that the ALJ did not consider in the hearing decision (especially any opinions from doctors), then you should send that evidence along with the Form HA-520.

What is an ALJ basis for appeal?

For example, if you had been diagnosed with depression and the ALJ failed to even discuss this condition in the decision, or failed to find it to be a significant or "severe impairment," then this could be a basis for appeal.

What form do you send to an ALJ for disability?

If there are any medical statements or evidence about your disability that the ALJ did not consider in the hearing decision (especially any opinions from doctors), then you should send that evidence along with the Form HA-520.

Can the Appeals Council review an ALJ decision?

The Appeals Council can also independently decide to review a favorable ALJ decision and then issue a new decision that is partially or fully unfavorable.

Who to send ALJ's written opinion to?

Also, it's helpful to send the ALJs' written opinion to your doctor or psychiatrist so that he or she can comment specifically on the judge's findings; if your doctor disagrees with any of the ALJ's points, ask your doctor make some written comments on the opinion.

Can an ALJ make a legal error?

Of course, it can be difficult to know when and how the ALJ made a legal error. An experienced disability attorney will know which errors the ALJ may have committed and what new evidence should be submitted to help your case, so you should consider hiring a lawyer to help you with this type of appeal.

How to appeal medical denial?

Medical decisions may also be appealed by completing the Request for Reconsideration, Form SSA-3441, Disability Report - Appeal, and Form SSA-827, Authorization to Disclose Information to the Social Security Administration.

What to do before appeal denial letter?

So, as mentioned above, before you appeal on your own read your denial letter and determine why you were deni ed and what you need to do to fight the denial.

Do disability lawyers get paid?

Disability lawyers work on a contingency fee basis which means they will only take a case if they think they have a chance to win; otherwise, they do not get paid. So, before you decide whether to file an appeal on your own you need to find out why you were denied and why the disability lawyer refuses to help you.

Can you appeal SSDI if you don't have enough credits?

For instance, if you applied for SSDI and you do not have enough work credits, unless you can prove that the SSA made a miscalculation you will continue to be denied. This type of appeal is tough to win without solid evidence that the SSA has incorrect data.

What does a disability examiner look for in a medical record?

Remember your disability examiner or judge also looks into whether your medical record offers serious proof or whether you would be able to perform substantial gainful activity (SGA) or not and whether you would be a reliable employee at a simple entry-level job that you can do by working around your disability. For instance, if you previously worked as a bus conductor but are held on a wheelchair now, you could still perform some kind of substantial gainful activity such as being a clerk if you hold enough qualifications for that. So, these are all the things that may or may not tip the balance in your favor.

Can you shop for judges?

Lastly, since you cannot shop for judges and can look into their approval rates and other statistics, it might be beneficial if you work with a disability attorney to work with you on your case and remedy any weak points according to the expected evaluation by your attorney (about the judge).

Can a disability attorney guess if a case is approved?

If you have a disability attorney handling your case they might be able to quickly guess whether your disability case would be approved on not based on their experience with disability cases, they may know the reputation and temperament of the judge.

Can you change your administrative law judge?

Remember you could look for the approval rate of judges but you can't change your administrative law judge. Even when you have been scheduled for a video teleconferencing disability hearing and if you, for some reason, change it to an in-person disability hearing, even then your judge will be kept the same to maintain transparency in your case. The SSA has this policy of the no-judge-shopping-rule, so all disability claimants get the same level of consultative evaluation. (only in some cases where the same ALJ is not able in your locality or if you are unable to travel to their locality, would the SSA change your judge).

How to prepare for a disability hearing?

Prepare arguments that for the disability hearing. Challenge the job expert at the hearing if they argue you can perform different types of work. Prepare a brief for the administrative law judge outlining the case.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

Can a disability lawyer do SSDI?

Many SSDI applica nts assume that having a disability lawyer will allow them to bypass the thousands of other disability applicants and somehow catapult their disability application to the front of the disability processing line. Unfortunately, that is beyond what the disability attorney will be able to do with your SSDI case.

Can a disability lawyer expedite your application?

Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time. For instance, if you are scheduled for a SSDI disability hearing the disability lawyer can do the following, which can give you a better chance ...