what information will a lawyer need to take a disability claim

After you consult with a California disability attorney who can support you in the case of a denial, you will fill out the paperwork. This paperwork will include information about your injury or illness, why you are unable to work while ill or injured, your weekly salary, and your household expenses.

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Do you need an attorney to file a disability claim?

Your attorney will need to review your medical records for information to substantiate your disability. To do so, he will need information such as: Doctors names/addresses; Dates of doctor visits; Lists of medications you are taking; Other Information. In addition to medical information, your disability attorney will need: Current/previous employer information; Social Security …

How will my attorney determine if I meet a disability listing?

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 most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor(s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an ...

What does a Social Security disability lawyer do?

Oct 28, 2021 · Most disability claimants think they can't afford a disability lawyer. In fact, a lawyer or firm can charge you a fee only if Social Security approves you for benefits, at which point the representative's fee is taken out of the back payments that Social Security owes you. The fee can be no more than 25% of your backpay, up to a maximum of $6,000.

What are the chances of getting approved for disability?

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.

What do you say to get disability?

STEP 5: Tell your doctor why you are considering or pursuing a disability claim. Then ask for your doctor's opinion of your ability to work.As my doctor, what is your opinion on my ability to work?“I don't get involved with disability matters”“You need a different kind of doctor's opinion for disability”Jun 18, 2019

What questions do administrative law judges ask?

The administrative law judge will likely ask you for your name, Social Security number, age, mailing address, height and weight. After that, you should be prepared to answer questions such as: What is your formal education? Do you have any vocational training?

How do I prepare for a disability interview?

Prepare for Your Disability Interview with These 6 QuestionsDates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income. ... A Number of Assets You Own. ... Written Statements.Apr 26, 2017

What should you not say when applying for disability?

Be Clear About the Requirements of Your Past Work For example, don't describe yourself as a manager or supervisor unless you had the ability to hire, fire, or discipline employees. This is the case regardless of your job title. Describe exactly what you did in your job—don't talk yourself up or down.

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

How do you answer a disability hearing question?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

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 kind of questions do they ask in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

What kind of questions does Social Security disability ask?

Dates you last worked; The names, addresses, phone numbers, and dates of visits to your doctors; The names of medications that you take and medical tests you've had; and.Feb 23, 2017

How long does a Social Security phone interview take?

A Social Security representative will interview you and complete an application for disability benefits and an Adult Disability Report. The interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour.

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...

Should You Hire A Social Security Disability Lawyer Or Go It Alone?

Statistically, the vast majority of Social Security Disability (SSDI/SSD) and SSI claims are denied at the initial claim and reconsideration levels...

Developing A Disability Case

The simple fact of the matter is this: the vast majority of SSDI and SSI claimants will have no idea how to properly and thoroughly prepare a disab...

The Chances of Winning Without Legal Help

Can a disability claimant who is not represented by an attorney still win an SSDI or SSI disability claim at an ALJ hearing? Yes, it is possible. H...

Lawyers and Representatives Can Win You More Backpay

The disability claimants who do win their claims without the help of a lawyer may not obtain the most favorable "disability onset date," which affe...

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

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.

Can I win my disability claim without a lawyer?

The disability claimants who do win their claims without the help of a lawyer may not obtain the most favorable "disability onset date," which can mean a smaller amount of backpay. The date of onset of the disability determines how much a claimant will receive in backpay, so being able to prove the earliest possible onset of disability is important for a Social Security disability or SSI claimant. (Learn more about onset date and backpay .)

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 .)

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.

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.

Can I hire a lawyer for disability?

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, you may be wondering if you should hire a legal professional. Most disability claimants think they can't afford a disability lawyer or law firm, but a lawyer can charge you only ...

What happens when you file a claim with insurance?

Once you file a claim, your insurance company will run surveillance on you and attempt to prove you are not really disabled. While this may not seem legal, insurance companies are entitled to evaluate what you said on your claim forms with how you appear in public.

Why is it important to answer each question fully?

It is important to answer each question fully to avoid fatal mistakes that can lead to a denial of benefits. Insurance companies have a field day when they find omitted or partially submitted misinformation on your forms. Insurers often cite that misinformation and try to call it fraud.

Can I sue my insurance company for bad faith?

You may be able to file an appeal or sue your insurance company if they acted in bad faith. If you have specific questions about your disability insurance claim, or if your claim was denied, contact an experienced long term disability attorney for a free consultation. Post navigation.

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 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.

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 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.

Can an attorney represent you at a hearing?

An attorney can represent you at this hearing and will be able to help you prepare for questioning at the hearing. An attorney will be able to determine what kinds of questions you will be asked and will be able to help you determine the best way to proceed with your claim.

How long does it take to get backpay?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period. However, it can often take several months to have a disability claim approved and those months are added into the count for backpay.

Do disability attorneys get paid?

Disability attorneys and advocates take cases on the contingency basis. This means that your advocate or lawyer isn ’t paid until your claim is approved and you get disability benefits.

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.

What is a malingerer?

inconsistent statements from the claimant, or dishonesty. evidence that claimant is a malingerer (faking an illness or pretending the impairment is worse than it is) claimant has done "doctor shopping" (usually done to obtain pain medication)

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.

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 ...

Why can't I take my disability case?

Another reason a disability attorney may decide not to take your case is if you are working too many hours and making too much money to be considered disabled. Disability lawyers know that if you submit a disability application and you are working too many hours your claim will automatically be denied.

Can a disability attorney take my case?

Finally, a disability attorney will not take your disability case if they think you do not qualify for disability benefits. You may not qualify for SSDI or SSI for a variety of reasons: you are working too much, you lack sufficient credits to be considered insured for SSDI benefits, you make too much money to receive SSI benefits, you have a condition which will not last for 12 continuous months, or your condition is not severe enough.

You can still file a claim and apply for benefits during the coronavirus pandemic

Get the latest information about in-person services, claim exams, extensions, paperwork, decision reviews and appeals, and how best to contact us during this time.#N#Go to our coronavirus FAQs

What evidence will I need to provide to support my claim?

You can help to support your VA disability claim by providing documents, such as:

What happens after I file my VA disability claim?

You don’t need to do anything while you’re waiting unless we send you a letter asking for more information. If we schedule exams for you, be sure not to miss them.

More information about filing disability claims

Learn about standard claims, supplemental claims, secondary claims, and more.

What happens if you don't win your disability case?

Keep in mind that if you don't win your case, your disability lawyer does not win a fee for services. If you do win, your lawyer will get paid. The fee is set by SSA and is always a one-time payment that represents 25% of the back payments that are due to you from Social Security, capped at $6,000. So the longer it takes for your case to get approved, the greater the lawyer's fee will be. Building a strong case from the beginning of the process could shorten the period of time to wait for benefits, and thus keep your representative's fee low.

Can I apply for SSDI on my own?

This may sound easy enough, but applying on your own is not that simple a process. Actually, with all the details that are required about you, your family, your work history and your medical condition, it can be overwhelming, especially if you aren't feeling well. Another option is to get the help of a Social Security disability representative.