what information will a lawyer need to take a disability claimo

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.

Full Answer

How can a disability attorney help you submit a claim?

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 do I need to know before filing a disability claim?

Mar 22, 2022 · We require certain documents to support all claims for disability benefits. You’ll need to submit or give us permission to gather these: Your DD214 or other separation documents; Your service treatment records; Any medical evidence related to your illness or injury (like doctor’s reports, X-rays, and medical test results)

What to look for when hiring a disability lawyer?

Dec 06, 2017 · 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. We will also include a statement from your physician detailing your injury or illness, your inability to continue to work, and a plan of action to treat your condition. Once we’ve reviewed your application to …

What does a Social Security disability attorney do?

Many disability lawyers and law firms recommend against collecting unemployment benefits when applying for disability benefits, but in certain situations, it may not work against you (either in hiring a lawyer or getting disability benefits). For more information, see our article on unemployment and disability.

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 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 I pass a Social Security disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.Apr 22, 2020

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.

How do you answer a disability question?

How to Answer Disability QuestionnairesWrite clearly and legibly. Avoid erasures as much as possible. ... Do not leave any section of the form blank (unless otherwise specified). ... Give consistent answers. ... Answer the questions truthfully. ... Follow the instructions on the form.Feb 27, 2022

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 does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

What should you not say when applying for Social Security disability?

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 questions do they ask for Social Security disability?

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

How long does a Social Security phone interview take?

1 hourThe interview will take place either in your local Social Security office or by telephone. It will take at least 1 hour. * What can I do to speed up the process?

Does Social Security Disability look at assets?

When determining eligibility for SSI benefits, the Social Security Administration (SSA) is looking at your current financial situation. Assets and resources are not taken into consideration for an SSDI claim.

What can I expect at a disability hearing?

During the Hearing After swearing you in and identifying everyone in the room for the record, the judge will read a basic statement about your SSDI case and then ask you a number of questions regarding your past employment, your disability, and whether you're able to perform daily self-care and work-related tasks.

Which state pays the highest disability benefits?

The highest paying states for SSI benefits as of 2022 are New Jersey, Connecticut, Delaware, New Hampshire and Maryland....States That Pay out the Most in SSI BenefitsNew Jersey: $1,689 per month.Connecticut: $1,685 per month.Delaware: $1,659 per month.New Hampshire: $1,644 per month.Maryland: $1,624 per month.Mar 4, 2022

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...

What evidence will VA look for to support my disability claim?

We’ll look for evidence that shows you have: A current physical or mental disability (damage to your body or mind that makes you less able—or total...

What documents will I need to support my claim?

We require certain documents to support all claims for disability benefits. You’ll need to submit or give us permission to gather these: Your DD214...

What should the evidence show to support my disability claim?

This depends on the type of claim you’re filing. Find out what evidence you’ll need for the different claim types listed below. Notice to Veterans...

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 is a new claim?

New claim—a claim for added benefits or other benefit requests related to an existing service-connected disability. You’ll need to submit evidence of: A current physical or mental disability from a medical professional or layperson (someone who’s not a trained professional), and.

How to file for a DD214?

You’ll need to submit or give us permission to gather these: 1 Your DD214 or other separation documents 2 Your service treatment records 3 Any medical evidence related to your illness or injury (like doctor’s reports, X-rays, and medical test results)

What is an increased claim?

An illness caused by your time spent as a POW. Increased claim—a claim for more compensation for a disability that we’ve already determined to be service connected and that’s gotten worse.

What is the waiting period for short term disability?

Both short term disability and long term disability plans have a waiting period—also called an elimination period or a qualifying period—that must be met before you are eligible for benefits. This is the time span between disability onset and the point at which coverage becomes payable.

What is SSI disability?

It is a Federal disability insurance program managed by the Social Security Administration (SSA). Supplemental Security Income (SSI) – Also provided by the Social Security Administration, SSI benefits are available to elderly, blind, and disabled people with little or no income or assets.

Why do insurance companies hire private investigators?

To create a reason to deny your claim or end benefits payments, many insurance carriers hire private investigators to follow and observe claimants. The aim is to catch them in an activity that they should not be able to do based on their disability claim.

How long does it take to get a STD?

The length of the typical STD claim is from 90 days (3 months) to 180 days (6 months).

When describing your physical limitations, do not use absolutes like “always” and “never.”?

When describing your physical limitations, do not use absolutes like “always” and “never.” Statements such as “I can never stand for 30 minutes” or “I always need a walker to get from my bed to the chair” are often easily contradicted by the insurance company. Less definite words like “frequently, sometimes, occasionally or seldom” are less apt to be challenged.

Who does an insurance company employ to review medical records?

Insurers frequently employ in-house physicians or nurses who review a claimant’s medical records. A seasoned attorney will effectively argue against any misuse or misrepresentation of the evidence by the insurer during in-house medical reviews.

Is the appeal process the same across insurance companies?

While the appeals process is more or less the same across insurance companies, each insurer and policy will have its own unique procedures and timelines. And because policy language rules, you need to review the wording in your policy – plus the information sent in your denial letter – to understand what your responsibilities are for filing an appeal properly and timely.

Filing Your Claim

The process of actually filing the claim is relatively easy. After you consult with a California disability attorney who can support you in the case of a denial, you will fill out the paperwork.

Appealing a Denial

We are never alarmed when a seemingly deserving claimant is issued a denial. Why? Because insurance companies are for-profit businesses. They are notorious for putting their profits above the needs of their policyholders.

Speak with a California Disability Lawyer

When you’ve fallen ill or become injured and are in need of the benefits covered by your disability insurance policy, contact a qualified California disability lawyer at Haffner Law. We have the experience you need to get your claim approved.

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 ...

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.

What are the criteria for VA disability?

To win your VA disability compensation claim, you must demonstrate three things: medical evidence of recurring or persistent symptoms. If you don’t score on each of these criteria, you won’t get approved for VA disability benefits.

What is 100% disability?

A 100% disability rating denotes a medical condition that is completely and totally disabling, with no expectation of finding gainful employment. As of 2021, if a disabled veteran with a spouse ...

How much is VA disability in 2021?

As of 2021, if a disabled veteran with a spouse and no children has a 100% VA disability rating, he or she would be entitled to a monthly disability compensation payment of $ 3,321.85.

Can a veteran get tinnitus?

So it’s much easier for the disabled veteran to get a diagnosis of tinnitus, and meet the Veterans Administration’s first major criteria for qualifying for disability benefits. The following conditions may contribute to your tinnitus issues: Anxiety. Depression. Meniere’s disease.

Can high blood pressure cause tinnitus?

For example, high blood pressure (hypertension) can aggravate tinnitus, as can head and neck conditions and traumatic brain injuries, or TBIs. Tip: If you’re already rated for one of these conditions, but not for tinnitus, it may make sense to put an additional VA disability claim for tinnitus as a secondary condition.

Can tinnitus cause anxiety?

For example, your tinnitus may cause you to be unable to sleep, or function during the day. This, in turn, could cause or aggravate depression or anxiety. In this case, your secondary claim – depression or anxiety disorder – could well result in a more significant disability rating than your primary issue.

What is ringing in the ear?

Tinnitus is better known as a “ringing in the ear” syndrome. Many veterans are familiar with it from firing weapons without hearing protection or being near explosions: It’s routine to experience a high-pitched ringing in the ear for a few seconds after being exposed to very loud noises.