what is a social security lawyer

by Audie Schowalter 10 min read

Social Security lawyers are experts on the laws and procedures of government Supplemental Security Income (SSI) and disability benefits. If you are a current SSI claimant or you think you may be qualified to receive these benefits, you should consider hiring representation to assist you in applying.

A Social Security disability attorney has experience dealing with the Social Security Administration (SSA) and, as a result, is very skilled at handling the various issues that may arise throughout the application process.Mar 5, 2018

Full Answer

How to find the Best Social Security lawyer?

  • Schooling
  • Internship
  • Licensing / Fingerprinting / Background check
  • Weapon licensing
  • Professional development

What does a Social Security Attorney do?

  • Collect all the information that you need to apply and know how to use this information to your advantage.
  • Make sure that all of the information supporting your application is submitted correctly and on time.
  • Protect your right to a fair hearing.
  • File any necessary appeals to challenge unfavorable decisions.

More items...

When to talk to a Social Security disability lawyer?

  • Reconsideration. In a reconsideration appeal, your file moves on to someone else, not the person who made the original adverse decision. ...
  • Hearing with an administrative law judge (ALJ). After the reconsideration, you still might not be happy with the determinations made in your case. ...
  • Review by the Appeals Council. ...
  • Filing a lawsuit in federal court. ...

How much does a Social Security disability lawyer cost?

Social Security disability lawyers are paid a percentage of back-due benefits they win for clients. In our survey, the average amount lawyers received was $3,750. When people got an SSDI or SSI award after a hearing, the average fee was $4,600.

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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 is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

Can you sue someone for Social Security benefits?

File a Lawsuit Against the Social Security Administration by Yourself. Believe it or not, you can sue without an attorney in small claims court. It often consists of simply requesting a form for a small claim from your local clerk's office, completing and filing it for a fee. A court date is set when you file.

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 medical conditions qualify for Social Security Disability?

Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...•

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

How do you fight Social Security?

You can ask SSA to reconsider their decision by filing SSA Form 561, "Request For Reconsideration." You can get this form at your local Social Security office, download the form, or file an online appeal. You must submit your Request for Reconsideration within 60 days of the date you get the written denial from SSA.

Can they garnish Social Security disability?

Social Security benefits and Social Security Disability Insurance (SSDI) payments can be garnished to pay child support and alimony; court-ordered restitution to a crime victim; back taxes; and non-tax debt owed to a federal agency, such as student loans or some federally funded home loans.

Can your Social Security check be garnished?

If you have any unpaid Federal taxes, the Internal Revenue Service can levy your Social Security benefits. Your benefits can also be garnished in order to collect unpaid child support and or alimony. Your benefits may also be garnished in response to Court Ordered Victims Restitution.

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.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

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.

Knowledge of the SSD Process

A disability in the family can hinder you from keeping up with your financial obligations. Loss of income from your disability could make it difficult to pay medical bills, mortgage, utility bills, car loan or daily living expenses. Social Security disability benefits can help resolve these financial problems.

Documentation for Your Disability Claim

The Social Security Administration (SSA) requires that people submit medical records to substantiate their disability. An attorney can help you gather crucial documents that will support your case. Your medical records act as evidence to back up your claim. Lack of evidence could cause SS officials to deny you the disability benefits you deserve.

A Social Security Attorney is an Advocate in Your Corner

Your disability lawyer will be an advocate who fights on your behalf for the benefits you need. With so many claims being made annually, your application could become misplaced, lost or simply clogged in the process. An experienced attorney will know who to call and what to do to get your application moving down the line.

Disability Lawyers Can Handle Claim Denials and Appeals

Sometimes disability claims are denied, despite efforts to the contrary. When this happens, your attorney can instigate an investigation into the denial and request a claim review or file for an appeal, depending on his or her findings. An appeal would require that your attorney argue the case in court before an administrative law judge.

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

Can a lawyer guarantee you will win?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win. With the help of a good lawyer, you’ll up your chances of winning, but lawyers can’t ethically say that they will win your case for you. If they do, that’s probably a lawyer to avoid.

Can lawyers speed up the process?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

What does a lawyer do for social security?

They examine why an application has not been successful, and they assist clients with the appeals process. Lawyers live and work throughout the United States as they help clients receive the benefits that they deserve under the law.

How does a social security lawyer work?

A Social Security lawyer works to ensure that the client receives the full amount that they deserve. The SSI program is a needs-based program. If an applicant has other sources of income that total over a threshold, they can’t receive benefits. A Social Security lawyer works to ensure that the SSDI and SSI program administrators have the information that they need to make the correct decision on behalf of their clients.

How to apply for SSDI?

Here is some of the information needed for an SSDI application: 1 Name and personal information 2 Date and place of birth 3 Names and ages of children 4 Military service history 5 Employer details/Self-employment details 6 Direct deposit information 7 Alternative contact information 8 List of medical conditions 9 Exhaustive list of medical care and treatment providers 10 Job history 11 Education and vocational training

How many claims are denied in the first round of Social Security?

Social Security administrators deny approximately 60 percent of claims in the first round of applications. A critical part of what Social Security attorneys do is help their clients pursue through rounds of appeals. The Social Security system has a robust appeals system that culminates in federal court. To win an appeal, an applicant must provide additional, detailed medical information and other missing information in order to convince claims evaluators of their eligibility.

What a Social Security lawyer can do for you

Social Security lawyers are most often retained to help disabled people get Social Security Disability (SSDI and SSI) benefits. These attorneys also help with issues related to Social Security retirement and survivors’ benefits.

Why hire a Social security attorney

Social Security lawyers most often help clients get disability benefits in the form of SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income). These lawyers can also offer help with Social Security Retirement and Survivors Benefits claims.

How much can an attorney charge for Social Security?

The attorney and the client can agree on any fee, as long as it does not exceed $6,000 or 25% of your backpay, whichever is less. That limit on fees is a part of Social Security law, and in most cases, an attorney can't charge more than that.

What expenses do lawyers pay for Social Security?

In a typical Social Security case, an attorney will pay copying fees and postage to get records to help prove that a claimant is disabled.

What does a disability lawyer do?

A disability lawyer generally gets a quarter of your Social Security back payments, if you win. Social Security attorneys work "on contingency," which means that they collect a fee only if they win your disability claim. Whether you are applying for SSDI (Social Security disability) or SSI (Supplemental Security Income), ...

How much can a lawyer collect on Social Security backpay?

For example, if your backpay award is $20,000 , your attorney can collect $5,000 (25% of $20,000). Second, the agreement must be signed by the Social Security claimant and the attorney. If the claimant is a child, a parent should sign for the child. If the claimant is an adult with a guardian, the guardian should sign.

Can a disability lawyer file a fee petition?

If a disability case requires multiple hearings or an appeals to the Appeals Council or federal court, a disability lawyer is permitted to file a fee petition with SSA to request to be paid more than the $ 6,000 limit. Social Security will review the fee petition and will approve it only if it is reasonable. To learn more, read Nolo's article on ...

Do you get paid for SSDI if you have an attorney?

Even if your case goes on for years, an attorney will not get paid until it is over (and won).

Do you have to pay upfront for a disability case?

While lawyers in Social Security disability cases cannot charge upfront fees for their time, they are allowed to charge a reasonable upfront fee to cover expected expenses in a case. So some attorneys will ask you to pay a small amount in advance to cover the costs associated with your case.

Katz Friedman, Eagle, Einstein

Our experienced Chicago Social Security Disability attorneys can guide and assist with your claims. Give us a call today.

Wolfe Williams & Reynolds

We have helped Thousands of clients across the U.S. with their Social Security Disability Claims. Call Today For Help.

Spector & Lenz, P.C

A firm solely focused on disability claims & appeals. Work directly with Deborah to devise a plan and obtain benefits.

Timothy R. White Law Office, P.C

An experienced Social Security law firm representing Disability clients in the Chicago area.

Midwest Disability, P.A

Our Top-Rated Lawyers Have 50+ Years of Experience Helping Families Win Social Security Disability Cases. No Recovery = No Fees.

Horn & Kelley

Denied Social Security benefits? Pick a champion to fight for your case!

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Guidance

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The SSA systemis a very complex one and it can be very difficult for an individual to deal with it. One of the benefits of hiring a social security lawyer is they can guide you through what is a very complicated process. It not only takes knowledge of the SSA system but also understanding the laws with which it is connected. Only a kn…
See more on thestudentlawyer.com

Knowledge of Local Laws

  • We all know the amount of red tape you have to deal with when trying to get something from the government. It is particularly cumbersome when it comes to social security benefits as they are both Federal and state laws governing their disbursement. If you are in South Carolina for example, you will have to know the laws of the state relating to the SSA system. According to je…
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Gathering Evidence

  • For you to receive social security disability benefits, then you will have to present evidence for your claim to be approved. The evidence will include medical records, bill payments, drug prescriptions, and other documents. A social security attorney will offer valuable advice on which evidence is necessary and how to collect it. They may even help you gather the evidence you ne…
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Advocate Your Cause

  • Applying for social security disability benefits is a daunting challenge. There are thousands of other disabled people competing for a tiny pool of funds. It will be very difficult for you to follow through on your claim. Moreover, your application can be delayed for a wide variety of reasons. One way in which a social security lawyer can help you is to champion your cause. They canuse …
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Get Full Benefits

  • Just because your social security application is accepted, does not mean you will get the benefits you ask for. If the benefits you get are not enough to sustain you, a social security attorney will help you get full benefits from the program. In most cases, people don’t get the full benefits because of mistakes they make when filing your claim. As stated earlier, a lawyer will help you r…
See more on thestudentlawyer.com

Knowledge of The SSD Process

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A disability in the family can hinder you from keeping up with your financial obligations. Loss of income from your disability could make it difficult to pay medical bills, mortgage, utility bills, car loan or daily living expenses. Social Security disability benefits can help resolve these financial problems. With legal represent…
See more on ssofficelocation.com

Documentation For Your Disability Claim

  • The Social Security Administration (SSA) requires that people submit medical records to substantiate their disability. An attorney can help you gather crucial documents that will support your case. Your medical records act as evidence to back up your claim. Lack of evidence could cause SS officials to deny you the disability benefits you deserve. If you’re having trouble obtaini…
See more on ssofficelocation.com

A Social Security Attorney Is An Advocate in Your Corner

  • Your disability lawyer will be an advocate who fights on your behalf for the benefits you need. With so many claims being made annually, your application could become misplaced, lost or simply clogged in the process. An experienced attorney will know who to call and what to do to get your application moving down the line. Knowing the right people c...
See more on ssofficelocation.com

Disability Lawyers Can Handle Claim Denials and Appeals

  • Sometimes disability claims are denied, despite efforts to the contrary. When this happens, your attorney can instigate an investigation into the denial and request a claim review or file for an appeal, depending on his or her findings. An appeal would require that your attorney argue the case in court before an administrative law judge. Unlike the average layman, an experienced dis…
See more on ssofficelocation.com