what hapoens when you get a ssi lawyer

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.

Full Answer

Do I need a lawyer to get Social Security disability?

There are many reasons to get legal representation when you suffer from a disability and are looking to get disability from the Social Security Administration. Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.

Where can I get a free SSI or SSDI lawyer?

If you want to discuss the length of time it takes to get your SSI or SSDI benefits with a lawyer for free, please fill out a free social security online legal consultation, or call our social security disability lawyers for a free SSI or SSDI legal consultation at (301) 589-2200.

How does a disability lawyer get paid?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

How can a disability lawyer help my disability case?

Hiring a disability firm can speed up the progress of your disability case just by keeping things moving. For example, if your initial application is denied, you have 60 days to request a reconsideration of your claim. On your own, you might wait until day 55; if a firm is representing you, they'll get the paperwork done much sooner.

What is the most a disability lawyer can charge?

$6,000First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

What are the odds of winning a Social Security disability hearing?

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%.

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 happens after SSI makes a decision?

If your have an SSI claim, your SSI benefit is calculated first in your local office as detailed above. Once your local office has finished, they will forward that information on to Baltimore, who will then calculate your monthly SSDI payment based on the amount of time you have worked and the money you have earned.

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 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 are 4 hidden disabilities?

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.

What questions do they ask in SSI interview?

When your conditions became disabling:Dates you last worked.Your doctor's names, address, phone numbers, and dates of visits.Names of medications you take.Names of medical tests you've had.Marital information.Your current living arrangements, including who lives there and the monthly household expenses.More items...•

What can I expect at a SSI interview?

An SSI appointment is a financial interview to see if you are eligible for SSI. 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.

How fast can SSI be approved?

Generally, 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 long does it take to get your first SSI check?

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 a fully favorable decision?

Fully Favorable Decision If your Notice of Decision letter is fully favorable, it means that the judge has found you disabled – and that the judge agrees that the alleged onset date (AOD) listed on your claim is the date your disability began.

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...

How much do Social Security attorneys get paid?

Otherwise, the Federal law says Social Security attorneys get paid a fee of 25% of your retroactive benefits, or $6,000.00, whichever is less, and only if you win your case.

Why do people need legal representation for disability?

Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.

What can a lawyer do?

What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer.

How long does it take to get a disability hearing?

It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration. This stage takes approximately two to seven months. If you are denied again, you have the right to Request for Hearing before an Administrative Law Judge.

How Do SSI Lawyers Help?

Working with a lawyer might not necessarily make the approval or claims process go quicker, but attorneys can help ensure you don’t make mistakes during the process that will result in delays. Delays are most often caused by procedural mistakes when it comes to filing or obtaining the necessary paperwork for your claim.

How Long Will it Take To Receive My Benefits?

There are many different factors that could affect the length of time it takes for your claim to be approved or to receive your benefits.

How Long Does it Take to File for My Benefits?

Filing for your SSI or SSDI benefits can take anywhere from a month to years, depending on your location and how complicated your case is. When initially applying, it is not uncommon that it takes at least six months to receive a decision. For those whose claims are denied it is important to request reconsideration through appeal.

What Should I Do If My Claim Has Been Denied?

If your SSI or SSDI claim has been denied, hiring an attorney to work with you during the appeals process is always recommended. This is because navigating the legal system can be particularly complicated. Obtaining and filing the proper paperwork is essential for your case. When working with an SSI lawyer, they should work on a contingency basis.

How Long Does it Take to Get a Decision After My Hearing?

After you have your SSI or SSDI hearing in front of a judge, it can still take a few months to receive a written decision. The decision will come in the mail from the judge and is often anywhere from 10-15 pages. It will explain the outcome of your case, and outline why it was judged favorably or not.

How Much Does SSDI Pay?

For those wondering how much they’ll be granted should their claim be approved, the amount will be a calculation of the size of your past monthly paychecks. It is based on the amount of money you made while working, as well as the amount you paid into Social Security during that time. This means that every situation is different.

Will My SSI or SSDI Cover All My Health Costs?

If you qualify for SSI benefits, you will automatically receive Medicaid benefits. If you qualify for SSDI benefits, you will be eligible for Medicare. Those who are receiving SSDI benefits become eligible for Medicare on the 30th month after the official date their disability benefits began.

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.

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.

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.

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.

How long can you wait to receive back pay from SSA?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

Who is more likely to have disability claims approved?

A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.

Is the Blue Book written for disability?

The Blue Book can be difficult to understand as it is written for medical professionals or disability advocates. The need for a Social Security disability lawyer arises when your initial claim for Social Security Disability is denied. It is at this point that you should consider hiring an attorney to represent your interests.

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 .)

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.

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.

Can I win an ALJ hearing?

Can a disability claimant who is not represented by a legal professional still win an SSDI or SSI disability claim at an ALJ hearing ? Yes, it is possible. However, the odds of winning a disability claim before an ALJ are markedly decreased when a claimant does not bring an attorney or representative to the hearing.

What is disability lawyer?

Disability lawyers are familiar with the SSI for children’s process. You will be free from having to do thorough research about the application and the documentation you will need. In addition, a lawyer can also handle the document collection and communication with medical professionals instead of you.

What are the requirements for SSI for children?

There are both age requirements and medical condition requirements that applicants will have to meet. Some of the most important criteria for the provision of benefits under the SSI for children program include: 1 Applicant has to be under the age of 18, unmarried and not the head of a household 2 Applicants can be aged up to 22 if they are still in school 3 A child has to be medically declared blind to participate in the program or 4 There is a medical/psychological condition that results in serious functional limitations 5 The condition is of chronic nature or 6 It could potentially lead to death

How much income do you need to get disability for a two parent household?

A two-parent household that has zero ineligible children, for example, should have an income below 3,875 dollars to start getting child disability benefits. For a single-parent household that has two ineligible children, the threshold is also set at 3,875 dollars.

Can I give up my child's disability?

Giving up after your child has been denied SSI child disability benefits is not an option. In fact, many applications are turned down right from the start. Depending on the specifics of the disability, the application process can be complex, and the outcome will depend on numerous factors.

Is there a minimum age to collect disability?

There is no minimum age at which the provision of SSI child disability benefits can begin . The situation is pretty straightforward as far as blindness is concerned. Whenever a child suffers from a medical condition that causes functional impairments, however, things may be left to interpretation.

Do you have to go through a periodic review for SSI?

Keep in mind that even when you get approved for SSI child disability benefits, you will still have to undergo a periodic review. The review is needed to ensure the family’s financial eligibility for participation in the program. The manner in which the funds are being spent can also be examined by the SSA.

How long do you have to wait to get SSDI?

Once you receive SSD approval, you must wait 24 months. Then, you receive automatic enrollment into into Medicare Part A (hospital insurance) and Part B (health insurance). The federal government manages Medicare to specifically cover individuals aged 65 and older.

When do you get your first Social Security check?

According to the Social Security Administration, claimants who win Social Security disability approval get their first payment during the sixth full month after the date their disability began . For example, if your disability started on June 1, you should get your first check in December – six full months after the condition’s onset.

When will I get my disability in December?

So, you won’t receive your December disability benefits until the following January.

Is disability insurance difficult?

For many Social Security disability insurance (SSDI) applicants, the claim process can be challenging. But upon receiving your Social Security disability approval, it’s important to have a good understanding of next steps. From knowing when your benefits will begin to knowing what types of medical coverage you may receive, ...

Can I get SSDI with an attorney?

Getting SSDI benefits can be a real challenge. However, a qualified disability advocate or attorney charges $0 for legal assistance unless you win benefits. People who file claims through an attorney are 2x more likely to win benefits on their first try.

How long can you be in jail for SSI?

If the recipient’s benefits are suspended (being in prison/jail for more than thirty (30) continuous days) he/she is able to have his/her benefits reinstated starting with the month following the month of his/her release given that the recipient provides required ...

What are the circumstances that would cause an individual to become ineligible for SSI?

Some specific situations that would cause an individual to become ineligible include, but are not limited to escape from custody, flight to avoid prosecution or confinement, or flight-escape.

When can I apply for SSI?

A prerelease procedure allows an individual to apply for Supplemental Security Income (SSI) several months before his/her expected release from prison or jail. This is beneficial to consider so that benefits can begin quickly after the individual’s release.

Can a felony stop you from getting SSI?

Felony convictions alone will not keep an individual from being eligible or approved for Supplemental Security Income (SSI) benefits. If an individual who receives Supplemental Security Income (SSI) goes to prison or jail or other institutions such as correctional institutions, detention centers, halfway hours, ...

Can an inmate receive retroactive benefits?

The individual incarcerated will not receive benefits while incarcerated, but the individual’s spouse or children will continue to receive the benefits as long as they (spouse and/or children) remain eligible. Retroactive Payments.