what happens when you go to court for your disability with a lawyer

A federal judge will review your claim for disability benefits. The judge will be looking for any errors that the SSA may have made when it rejected your application. The SSA’s attorney may argue that the rejection was correct, stating the reasons for the denial. Your attorney will argue that you are entitled to SSDI benefits.

Full Answer

Do I need a lawyer for a Social Security disability hearing?

Feb 09, 2022 · When you first hire your Social Security disability attorney or advocate, you'll need to sign a medical privacy release that allows access to your medical records. The attorney or advocate will usually pay for these records for you until your case ends, at which time the firm will bill you for the cost.

How can a disability lawyer Help you Win Your Case?

The purpose of the disability hearing is to give the claimant, and their representative if they have chosen to be represented by a disability lawyer or a non-attorney representative (at a social security hearing, it is ill-advised to appear without representation), the opportunity to present the claimant's case to present their case to the ...

Will I ever see a judge at a disability hearing?

In fact, disability lawyers usually advise their clients to dress for their hearing as they would normally dress (but no hats, tank tops, or revealing clothing). Even though the hearing is informal, the judge may wear a black robe and sit on an elevated platform.

What happens when I first call a disability attorney?

A Social Security disability hearing can be a nerve-wracking experience, especially for those unfamiliar with the process and those unrepresented by an attorney. Depending on the administrative law judge (ALJ), a hearing can be contentious and adversarial or relatively laid-back and easygoing. While you can always hope for the latter, it's best to prepare for the former.

What can I expect at a disability hearing?

You can expect the judge to take testimony from you and likely a vocational expert. The judge may also take testimony from a medical expert in some instances. The judge will also allow your attorney to make statements about your claim.May 27, 2020

How long does it take for Social Security to make a decision after hearing?

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 does Social Security make the decision?

How can I tell if my SSDI hearing went well?

When you do finally receive your Notice of Decision from the ALJ, read it closely. It will say whether you have been approved for benefits or denied, along with the rationale for how that determination was made. If you are successful, you'll either receive a fully favorable or a partially favorable decision.Nov 26, 2019

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.

How far back does Social Security back pay?

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.

How does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

Who makes the final decision on Social Security disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

What is SSI vs 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 Social Security attorneys get paid?

To get their fees paid, Social Security lawyers enter into written fee agreements with their clients and submit those fee agreements to Social Security for approval. If Social Security approves the fee agreement, it will pay your attorney for you directly out of your backpay.

Does Social Security pay back pay in installments?

Social Security generally pays the past-due benefits for SSI or combined SSI/SSDI in three equal installment payments, separated by six months each. However, you are eligible for larger first and second installments if you need money for "necessities" (housing, food, medical needs) or to pay off debts for necessities.

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 long does a disability hearing last?

Social Security disability hearings are typically short and can last anywhere from 15 minutes to an hour. While many SSD claimants mistakenly assume that their hearing will be similar to a court appearance, ALJ hearings tend to be somewhat informal. In fact, disability lawyers usually advise their clients to dress for their hearing as they would ...

What do disability lawyers wear?

In fact, disability lawyers usually advise their clients to dress for their hearing as they would normally dress (but no hats, tank tops, or revealing clothing). Even though the hearing is informal, the judge may wear a black robe and sit on an elevated platform.

How late is too late for an ALJ?

How late is too late will depend on the ALJ in question and how densely packed their hearing schedule is for the day. In some cases, arriving more than ten minutes late will be enough for an ALJ to refuse to hear a claimant's case.

What happens if you arrive late for a hearing?

If you do arrive too late for a hearing, you can respond to a "show cause" notice and explain why you were late. Providing an acceptable reason for appearing late (traffic problems, car problems, or getting lost) may allow a judge to reschedule your hearing to a later date. Learn what happens after a disability hearing.

Can an ALJ hear your case?

If not, you can ask if you can say a few words, and then describe how your limitations prevent you from working. Again, the hearing is short, so be sure to be on time. ALJs have a busy schedule and, typically, will not hear an applicant's case if they show up too late for their hearing.

Who is the VE at a hearing?

A vocational expert (VE) will usually be at your hearing, as well as a court reporter. Sometimes there will be a medical expert there as well. You can also bring witnesses to testify to your limitations. The court reporter will swear in you, the VE, and any witnesses. The judge may begin by asking you questions about your past work ...

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

What is the hearing for Social Security disability?

A Social Security disability hearing can be a nerve-wracking experience, especially for those unfamiliar with the process and those unrepresented by an attorney. Depending on the administrative law judge (ALJ), a hearing can be contentious and adversarial or relatively laid-back and easygoing. While you can always hope for ...

What are some things to avoid when you are on unemployment?

Here are a couple general areas or statements to avoid unless you are specifically questioned about them. You have family members who are receiving disability or unemployment benefits. You have a criminal history. You have problems with drugs or alcohol. You haven't followed your doctor's orders or treatment plans.

How long do migraines last?

Instead, try to quantify your symptoms to the extent possible: "I get a migraine headache about four to five days a week, and they usually last from four to as much as twelve hours.".

What happens if you don't tell the ALJ?

If you don't, the judge will assume that you aren't having any problems and are capable of working.

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

Do you have to offer information at a disability hearing?

You just don't need to offer the information if you're not asked about it. Another instance: if you volunteer that "no one's hiring where you live," the judge might think that you believe you could work if only jobs were available. Here are some other points you should avoid bringing up at a disability hearing.

How long does a disability hearing last?

By way of background, the hearing itself is somewhat informal, though basic rules of evidence do apply. It can last anywhere from twenty minutes to an hour on average, depending on who else may be present at the hearing.

What is the hearing before a judge?

A hearing before an Administrative Law Judge is perhaps the most crucial stage in your claim for disability benefits. It is the only time you will go face to face with the individual who is going to determine your eligibility for benefits. Just as important as what is said at the hearing is what is not said.

What is the best chance to state your disability?

The Social Security disability hearing is your best chance to state your disability case. It is very likely that you have questions about what will take place at your disability hearing. The following video will show you what to expect.

What is a Social Security hearing?

Unlike the vast majority of the application process, which is primarily performed by exchanging paperwork, the hearing is the one instance where both the claimant (you) and the Social Security Administration are literally placed in the same room face to face.

How far in advance do you have to notify Social Security of your hearing date?

After filing for your appeal, you can expect to receive a notice in the mail that will notify you of your hearing date. This notice will be given to you 20-30 days in advance to notify you of your hearing date.

What happens if Social Security shuts down?

The Social Security Administration has indicated that if there is a government “shutdown” there are certain critical functions that they will continue to perform. The most important ones relating to the disability process are that they will continue to accept and evaluate new applications and will continue to hear cases already scheduled and decide cases that already have had hearing s.#N#However, no new hearings will be scheduled and decisions will not be written (although the claim will be decided), even if the hearing was held before or during the shut-down.#N#Regular payments will continue to those already receiving benefits, and the state agencies will continue to process initial claims and reconsiderations.

Why do judges ask about daily activities?

Judges want to know about a person’s daily activities because it gives them another barometer for gauging a person’s limitations. Additionally, judges use this information to compare it with what the claimant reports about his or her impairments related to work. Judges may ask about activities that involve standing and walking if a claimant says he or she has trouble with this. Additionally, they may also ask about social activities. Be prepared to describe how far you can travel at a time and whether you can drive. Additionally, be prepared to talk about any need to change positions.

What percentage of disability applicants go to a hearing?

In fact, approximately thirty percent of claimants who file for disability will be approved on their initial claim ...

Why is it important to give a thorough description of your past work?

This is the reason it is important for you to give a thorough description of your past work as your performed it. If the disability examiner finds that you cannot perform any of your past work they can move to last step of their sequential evaluation process.

What is ALJ in social security?

At a social security hearing, on the other hand, a disability judge, or ALJ (administrative law judge) will be much more likely to take the doctor’s qualified opinion into account and let it influence the outcome of the case.

Why are SSA exams scheduled?

The exams are scheduled because SSA actually requires that recent, or current, medical evidence be available in the claimant’s file before they can be determined disabled and awarded disability benefits .

What is a consultative exam?

Consultative examinations are status examinations performed by doctors or medical professionals (psychologists would be included when the CE, or consultative exam, involves mental testing) paid for by Social Security.

Do you have to go to a hearing to get approved for disability?

In fact, approximately thirty percent of claimants who file for disability will be approved on their initial claim and will never see a hearing office or an administrative law judge. The flip side of this, of course, is that most claimants will need to go to a hearing, and will increase the chances of winning with good disability attorney ...

Can I get disability benefits before a hearing?

In fact, you have a fairly good chance of being approved for disability benefits prior to a disability hearing.

What happens after filing a civil suit against Social Security?

After filing your lawsuit, the case usually proceeds as follows: A federal judge will review your claim for disability benefits. The judge will be looking for any errors that the SSA may have made when it rejected your application.

What to do if you receive a letter from the SSA denying your claim?

If you receive a letter from the SSA denying your claim, read it carefully and forward a copy to your attorney. The letter generally holds clues about why the SSA denied your claim. This information lets you know what your next steps should be. First, you may file a Request for Reconsideration.

How to contact Martin Taller?

For your free consultation, call us at 714-385-8100.

Can I appeal my SSDI denial?

Do You Need a Federal Court Review of Your SSDI Claim? If your application for SSDI benefits has been denied, you are not alone. You may be able to appeal that denial, all the way to federal court if necessary. However, you need help from an experienced lawyer.

Can an attorney argue for SSDI?

Your attorney will argue that you are entitled to SSDI benefits. Typically, you may support your case with evidence of your medical condition or any proof that the SSA erred in denying your benefits. As the federal court reviews your SSDI claim, the judge will review the arguments and evidence presented by both sides.

Does the court determine if you are disabled?

In fact, the court does not determine whether or not you are disabled. Instead, the court generally will consider: Whether the ALJ made a mistake in denying your SSDI claim; and. Whether the SSA followed proper procedures in determining your disability status.

Where do you file a civil case?

At the Federal Court Level. After exhausting all other appeals, you may have to file a civil action in a federal court called the United States District Court. Your lawyer will choose the correct U. S. District Court based on where you live.

Be Aware of Expenses

If you signed an agreement with a disability lawyer, you may be responsible for expenses, despite whether or not you win or lose your disability case. This means that you may have to pay for expenses out-of-pocket for the work they have already done on your disability claim.

Proper Notification

You should send a letter to your current disability lawyer and to the Social Security Administration. You will want to clarify that the current disability attorney is no longer representing you in your disability case. Your current lawyer will need to send Social Security a letter of withdrawal.

Are you happy with your disability lawyer?

The Disability Advantage Group has a team of caring, experienced disability attorneys who will work hard to help you with your disability claim. If you need help with your disability claim, fill out our form and one of our helpful staff will reach out to you. Otherwise, you can call us directly at (865) 566-0800 and we will be glad to help you.

What is discovery in a lawsuit?

“ Discovery ” refers to the formal procedures that parties in a lawsuit use to get information and documents from each other to prepare for trial or settle the case. If you don’t raise any defenses or counterclaims, the collector probably won’t engage in discovery. But if you have a good defense or file a counterclaim, you and the collector might want to participate in discovery.

How long does it take to file a lawsuit?

Generally, you’ll get around 20 to 30 days to file a written answer to the lawsuit with the court. You’ll have to respond to the allegations in the complaint and raise any defenses you have, like that the statute of limitations (the law that sets a time limit on the right to file a lawsuit) has expired, or counterclaims against the collector, such as violations of the Fair Debt Collection Practices Act.

What is a debt collection lawsuit?

A debt collection lawsuit begins when the collection agency files a “complaint” (sometimes called a “petition”) in court. The complaint will explain why the collector is suing you and what it wants—usually, repayment of money you owe, plus interest, fees, and costs.

How to challenge summary judgment?

To challenge a summary judgment motion, you’ll have to file paperwork opposing the motion. If you don’t, you’ll probably lose. Because the outcome of the lawsuit is at stake, you should seriously consider consulting with a lawyer, if you haven't already, if the collector files this kind of motion.

What happens if a collector grants a motion?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What happens if a collector gets a judgment against you?

Once the collector gets a money judgment against you, you might face wage garnishment, a bank account levy, or a lien on your property.

What happens if a collector files a summary judgment?

If the judge grants the motion, the court will enter a judgment against you without a trial.

What happens if you don't pay a fine?

The Consequences of Not Paying a Court-ordered Fine. When the sentencing judge calculates the total debt owed by the defendant, the defendant must immediately pay the full amount or pay a fee to set up a payment plan with the court. But sometimes defendants fail to pay, or pay late.

What does a judge decide when a defendant is unable to pay a fine?

Judges typically decide whether a defendant is unable, or simply unwilling, to pay a fine. The issue comes up at a probation revocation hearing (the defendant has violated a term of probation—paying the fine—and has been hauled into court to answer for that). Factors the court considers to determine the defendant’s present ability to pay ...

What Supreme Court case dealt with unpaid fines?

The key United States Supreme Court ruling dealing with unpaid fines, Bearden v. Georgia, 461 U.S. 660 (1983), says that only defendants who have money and refuse to pay can be sentenced to jail for violating the court’s order to pay the fine.

What can a court do to a debt?

In addition to imposing extra fees and interest, the court can: Send the debt to a collection program. When defendants lose contact with the court or miss payments, courts refer the debt to a collection program.

How long is Michael in jail?

A judge sentences Michael to six months in jail and three years of probation for a felony drug offense. He is ordered to pay a base fine of $1,000 and additional fees of $2,000, for a total of $3,000 as a condition of his probation. Michael works for minimum wage. He is unable to pay the full fine and fees at the time of his sentencing.

What is the sentence for a misdemeanor?

Sentences for misdemeanors and felonies often include a fine, in addition to jail time and restitution. Sometimes the sentencing judge has no discretion as to whether to impose a fine, or the amount; but often, the judge has some leeway. Factors that influence the size of a fine include the seriousness of the crime, the defendant’s criminal record, ...

What happens if a defendant is delinquent?

If defendants remain delinquent, collection programs might garnish their wages or levy their bank accounts and tax refunds to force them to pay the debt. Place a lien on real property (such as a house). As a last resort, collection programs might try to force defendants to sell their homes to collect the debt.