what if my lawyer can't get documents in a disability case?

by Audra Hickle 3 min read

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

Full Answer

What happens when I first call a disability attorney?

Feb 09, 2022 · If you don't meet a disability listing and can't "grid" out of work, your last chance of getting disability benefits is for your attorney to prove to the SSA that you can't do even a sedentary (sit-down) job. (The grid lays out the rules only for those who can do medium work, light work, or sedentary work.)

Why would a lawyer refuse to take a disability case?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your …

Do I need a disability attorney to prepare for a hearing?

If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again. Consider as well that the back pay …

Why do I need a disability attorney for Social Security?

An attorney or law firm may decline to take a case if they feel the client may be troublesome or is not trustworthy, which may be evident if any of the following factors are present: inconsistent …

What disqualifies a person from disability?

To receive disability benefits, you must be unable to work. If you are capable of working in your current position, or if you could work with accommodations for your condition or in a modified capacity, then you will not receive disability benefits.Aug 10, 2018

What are some reasons disability claims can be denied?

  • You Earn Too Much Income. ...
  • Your Disability Won't Last Long Enough or Isn't Severe Enough. ...
  • The SSA Cannot Find You. ...
  • You Refuse to Cooperate. ...
  • You Fail to Follow Prescribed Therapy. ...
  • Your Disability Is Based on Drug Addiction or Alcoholism. ...
  • You Have Been Convicted of a Crime. ...
  • You Commit Fraud.

What is the most an attorney can charge for disability?

$6,000
First, 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 percentage of 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.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability Benefits
  1. File Your Claim as Soon as Possible. ...
  2. Make an Appeal within 60 Days. ...
  3. Provide Full Details of Medical Treatment. ...
  4. Provide Proof of Recent Treatment. ...
  5. Report your Symptoms Accurately. ...
  6. Provide Medical Evidence. ...
  7. Provide Details of your Work History.
•
Oct 20, 2019

What is the hardest state to get disability?

Oklahoma
Oklahoma 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.

How many months does SSDI back pay?

12 months
If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.Jun 18, 2020

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

How does SS disability back pay work?

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. Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)Mar 2, 2021

Do most disability claims get denied the first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

Why is disability so hard?

Clients often ask me why it is so hard for them to get Social Security benefits or SSI based on disability. The simple answer is that the system is strapped for cash. Since 2003, there has been a 29% increase in Americans with little or no work experience getting disability payments.

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...

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence.

What Medical Evidence Is Most Important to Win My Case?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).

Will My Attorney Use the Opinions of Every Doctor I've Seen?

Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to:

Does My Attorney Have to Submit All of My Medical Records?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What Will My Attorney Do With Bad Evidence?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

If Social Security agrees that your medical condition doesn't allow you to do heavy or medium work, but thinks you can do sedentary work, you'll need to provide you can't even do sedentary work (in other words, a sit down job).

What Else Do Disability Lawyers Do?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers.

Why won't disability lawyers help me?

Recently on our forum we had a user ask, “What if I need to appeal my Social Security Disability Insurance (SSDI) application denial but disability lawyers will not help me? Can I make the appeal on my own?” This is a great question, but the better question is should you appeal the denial. We will discuss this question below.

Why would a disability lawyer not take my case?

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 I file the Reconsideration appeal on my own without disability lawyers?

Yes, you have 60 days to file the Reconsideration paperwork to the Social Security Administration (SSA). If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again.

Do disability lawyers get paid?

Disability lawyers and law firms only get paid if they win your case, so they may reject cases that are unlikely to end in an award for benefits. Because disability lawyers get paid only if they win, they sometimes decline to represent a person if they believe there is little chance of success of winning or if they determine ...

Can I get SSDI if I am disabled?

Financial or Legal Ineligibility for SSDI or SSI. Unfortunately, not everyone is eligible for SSI or SSDI even though they are clearly disabled. This usually happens when a person doesn't have enough work credits to qualify for SSDI but has too much income or other assets to qualify for SSI.

What happens if a claimant has not had access to health insurance?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

Disability lawyer bailed...what now?

What if you have done all the right things to get Social Security Disability Insurance (SSDI)? You have completed the SSDI application, you have answered on the SSA questions and you have hired a disability lawyer. Things were looking great for your case, but suddenly, without an explanation, your disability lawyer dropped your case.

Steps after your disability lawyer quits your case

If your disability lawyer has told you they are dropping you as a client they should provide you with information about the reason.

Waiting for a hearing

The good news if you are waiting for a hearing it can take up to 12 months to get on the hearing schedule. This should be more than enough time to start interviewing disability lawyers and find the perfect lawyer to argue your case before the administrative law judge.

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

What is a fee petition?

A fee petition must contain an itemized list of the attorney's activities on the case. Your attorney will send the fee petition to Social Security after your case is complete, and will send a copy to you as well. Social Security will approve the petition only if the fees requested by the attorney are reasonable.

Can someone with Alzheimer's sign a will?

Many people are surprised to find out that a person with Alzheimer’s may still be legally competent to sign documents. For instance, when it comes to a Will, under the laws of most states, a person is legally competent to sign if at the time of the signing he or she meets the following tests:

Can a conservator be a power of attorney?

If a Power of Attorney can no longer be signed, you may be able to become a Conservator. Conservators can act like an Agent under a Power of Attorney, with the capability to make financial and legal decisions. But becoming a conservator takes time and involves a costly court procedure.

Is a trust a contract?

A Trust is sometimes deemed to be more like a contract than a Will, so that the necessary mental capacity needed to sign a trust may be less than that needed to sign a Will. Recognizing that in today’s world living trusts are most often utilized as “will substitutes,” some recent state statutes have made the test for a trust the same as that set forth above for a Will.

Who is Evan Farr?

Evan Farr, is, in my view, one of Virginia's foremost authorities on the subject of elder law... Use his website - get educated - then call him! First class counsel; very knowledgeable and knows his area. Likeable guy. Evan Farr is one of the foremost authorities in el der law in the State of Virginia.