The program sets out numerous requirements for recipients, including a strict definition of disability and a minimum work history. If you have questions about whether you qualify for Social Security Disability Insurance, contact a lawyer from J.B. Bieske and Jennifer Alfonsi, Attorneys at Law, in Michigan to learn more.
To find the right attorney, you need to ask the following questions:
This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application. Statistics have shown that when an applicant uses a Social Security Benefits Attorney the claim is more likely to be approved. An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation.
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.
You can call our National 800 Number at 1-800-772-1213 between 8:00 a.m. – 7:00 p.m., Monday through Friday.
If you do not agree that you have been overpaid, or if you believe the amount is incorrect, you can appeal by filing Form SSA-561, Request for Reconsideration. You should explain why you think you have not been overpaid or why you think the amount is not correct.
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.
The maximum benefit depends on the age you retire. For example, if you retire at full retirement age in 2022, your maximum benefit would be $3,345. However, if you retire at age 62 in 2022, your maximum benefit would be $2,364. If you retire at age 70 in 2022, your maximum benefit would be $4,194.
A benefits boost: $200, plus COLA changes Anyone who is a current Social Security recipient or who will turn 62 in 2023 — the earliest age at which an individual can claim Social Security — would receive an extra $200 per monthly check.
within 30 daysSSA will ask you to repay the overpayment within 30 days. If you cannot afford to pay the full amount all at once, you can ask SSA to pay back the overpayment in installments. If you do not repay the overpayment, SSA may do one or more of these: Garnish your wages.
For Supplemental Security Income (SSI) benefits, that time period is 2 years. For Title II Social Security benefits, the time period is 4 years. Only in very limited circumstances, such as fraud, may SSA assess an overpayment beyond the above time limits.
Section 204(a) of the Social Security Act provides that the overpaid person (whether or not he or she still receives benefits), his or her representative payee, and any other person receiving benefits on the overpaid person's earnings record are liable (responsible) for repayment of an overpayment.
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.
What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...
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...•
There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.
When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...
An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...
If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...
FREE detailed reports on 9709 Social Security & Disability Attorneys. Find 25160 reviews, disciplinary sanctions, and peer endorsements.
Find a local Social Security attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Social Security lawyer for you.
Social Security disability cases can be denied for several reasons. If the Social Security Administration (SSA) denies your claim, it may be because you did not earn enough work credits to qualify, do not qualify under an exception, or your medical condition is not considered disabling.
Use the largest online Social Security lawyers directory to quickly find detailed profiles of attorneys and law firms in your area.
Some disability attorneys may be willing to help you appeal a Social Security Overpayment or get an overpayment waiver or repayment plan.
Find a local Social Security Disability attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Social Security Disability lawyer for you.
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.
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.
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 ...
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.
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.
Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.
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 ...
If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help you with your overpayment. The attorney will already be familiar with you and your disability case, and might be more willing to help you than an attorney who did not have a relationship with you.
If he spends less than 15 hours, he will return money from your retainer to you at the end of the case. Attorneys in Social Security overpayment cases are conscious that their clients are usually lower-income individuals due to their disability, and they know that it might be hard for the client to pay the attorney's bill. ...
That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...
Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...
Social Security will consider a number of factors when deciding whether a particular fee is fair, including the outcome of the case and the level of skill that was required to handle the case. Social Security can approve the attorney's fee petition request, disapprove it, or modify the fee to a lower amount. Getting Social Security ...
Attorneys must hold their retainers in special bank accounts called client trust accounts. After the attorney has completed all of the work on your case, he will submit a petition to Social Security to review the fee agreement and approve his fee. Once Social Security approves the fee (or modifies it), the attorney can take money to pay ...
Getting Social Security to approve the fee is an additional step that some disability attorneys do not want to bother with, and so they just decide that they will not do overpayment cases.
A SS lawyer will speed things along in case of avoidable delays, which can considerably improve the chances of you receiving your grant faster. - They will file appeals and represent you in hearings. If your application is denied, and you decide to appeal, a lawyer can help you formulate the best possible appeal.
The role of a Social Security lawyer is simply to be the bridge between you and the SSA. Applying for a disability grant can be quite challenging, especially if you are not familiar with the application process and the specific lingo used. It is here where the SS lawyer can help.
Earnings: The Social Security Administration, or “SSA,” averages a person’s earnings over the course of their career in order to determine what they will be entitled to. The size of their retirement benefits depends on how much they earned while working, as previously discussed.
The Employee Retirement Income Security Act, or “ ERISA ,” is a federal law which sets standards and regulations of protection for people that are in private sector company retirement plans. ERISA provides protections for eligibility guidelines, management of funds, and wrongful termination.
Retirement benefits refer to a financial security setup intended to support a person once they have left the workforce. Social security is the government program that provides financial support to the elderly, disabled, and retired populations. Social security benefits make up a large part of most people’s retirement plans.
Over the course of a person’s employment, they pay a portion or percentage of their regular income to the government. These payments are known as Social Security taxes, and are then issued on a monthly basis after retirement or a qualifying disability.
You are aged 18 or older; You have a Social Security number (SSN); and. You have a valid U.S. mailing address. With this account, you may be able to view your Social Security Statements and receive an estimate of your retirement benefits. Find the Right Government Lawyer. Hire the right lawyer near your location.
This could include: Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.
Spouses under the age of 62 who are caring for your disabled child; Former spouses aged 62 or older, if they meet specific qualifications; Disabled children, even if they are over the age of 18; and. Children up to the age of 18, or up to 19 if they are a full time student not graduated from high school.
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.
A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.
You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.
The Blue Book can be difficult to understand as it is written for medical professionals or disability advocates. The need for a Social Security disability lawyer arises when your initial claim for Social Security Disability is denied. It is at this point that you should consider hiring an attorney to represent your interests.
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.
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.
The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.
A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.
If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.
Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.
During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.
But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.
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.
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.
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 ...
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.
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.
Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.
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 ...