what questions should i ask a disability lawyer for rsd

When meeting with a disability attorney, ask how much of her practice is devoted to handling SSD claims – it should be a good chunk, if not 100%. You should also ask about any professional organizations they belong to and what type of continuing education they receive.

Full Answer

What kind of questions are asked at a disability hearing?

While there is no definitive list of questions that are asked at a hearing, we have put together a list of questions that claimants should be prepared to answer at their disability hearing. How long have you worked?

Do I need an attorney for my Social Security disability hearing?

If you are anxious about your disability hearing, having professional representation can help. An experienced SSDI attorney has heard the questions an ALJ might ask dozens, if not hundreds, of times and can help you adequately prepare.

How do I prepare for my SSDI hearing?

In preparing for your SSDI hearing, it is important to know what will take place and what will be expected of you as the claimant.

Why choose the advocator group for your SSDI hearing?

At The Advocator Group we work behind the scenes and with our clients to ensure they are ready to take part in this very important piece of their SSDI journey. In preparing for your SSDI hearing, it is important to know what will take place and what will be expected of you as the claimant.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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. Marital information.

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.

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•

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.

How do I pass a 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.

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.

How does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

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.

Do you call an ALJ Your Honor?

Be respectful of the administrative process, and address the Administrative Law Judge as “Your Honor” , “Judge”, or “Mr. or Ms….” but do not address the Judge by his or her first name or as a “hearing officer”. 2.

How do you describe your activities when applying for disability?

After you submit your application for disability, Social Security will mail you a form that asks you to describe your activities of daily living (ADLs). ADLs are the things we do on a day-to-day basis, like cleaning house, cooking, bathing, getting dressed, using the bathroom, taking care of pets, and paying bills.

Is chronic pain a disability?

The SSA does not consider chronic pain to be a disability, so there is no listing for it in the SSA's Blue Book. Chronic pain, even if it is severe and disabling, does not qualify unless you can prove it is caused by a verifiable condition that lasts for at least 12 months.

12 best questions to ask a disability lawyer

It is important to understand whether or not the individual you hire has experience working with your type of claim. It can definitely be a hindrance to your case if the lawyer you hire doesn’t have the knowledge and has to do the homework before they even get started.

Next Steps

Understanding who you are hiring and what that fully entails are key factors you need to evaluate when deciding how to move forward with your claim. These 12 questions to ask a disability lawyer are important; however, they are just a suggested list.

Do you have experience handling Social Security Disability Cases?

Since opening his own firm in 2010, I have focused my practice on helping Social Security Disability claimants fight for the benefits they need. We know the ins and outs of the disability appeals and applications process and how to navigate it.

What do we need to prove to get my Social Security Disability Benefits?

That you are not currently engaged in Substantial Gainful Activity (or working and earning money above a certain limit);

Who is responsible for my case and will that person meet me? Will they know about my case whenever I call?

Experienced Disability Attorney Loyd J. Bourgeois and representative Christy Crotwell will be responsible for handling all aspects of your case. It is our practice to personally meet you, the client, in advance of your hearing to discuss in detail specific aspects of your claim and keep you fully informed of what to expect.

How long does it generally take to resolve my claim?

For new applications, we generally see an average processing time of 3-9 months.

What can I expect during this process?

From the moment you contact our office, you can expect to be treated with compassion and respect throughout our entire relationship. You can expect to have your calls answered or returned promptly and have your questions or concerns addressed.

How long does it take to get a disability case resolved?

Most SSD claims take more than a year to resolve, and some claims drag on for almost a decade. During that time, you’ll need to place a lot of trust in your SSD attorney. Here are 10 questions you should discuss with your Social Security Disability ...

How to win a Social Security Disability claim?

No matter what Social Security Disability lawyer you hire, they will need your participation and cooperation to win your claim. The more you can do to help your claim, the better. Ask at your initial meeting what you can do to help increase the chances that you will win. The attorney might suggest gathering certain documents, getting regular medical treatment, and following the medical advice of your physician. Be willing to follow the suggestions of your attorney.

What are the conditions that affect SSD?

You would expect that your Social Security Disability lawyer and judges understand common conditions like degenerative disc disease or severe depression, as well as the limitations that these conditions place upon clients. If your injury or medical condition is not quite as common as others, you will want to ensure that the SSD attorney you hire understands and is familiar with your condition. If not, you may lose your claim by not representing it wholly and accurately. Your case needs to show how your medical or health condition is affecting your ability to work for a living.

What is required for SSD claim?

SSD claims are highly technical and require: A comprehensive investigation of your medical records. Familiarity with Social Security laws and regulations. Experience giving testimony to an administrative law judge (ALJ) The capability to cross-examine medical and vocational witnesses.

What happens when you are facing a serious injury?

If you are facing a serious injury or illness that is keeping you from performing the duties of your employment, this may be one of the most stressful times of your life. You are not only dealing with pain and medical appointments, treatments, and tests, but you may also be worried about how you will pay your bills.

What is a consultative exam?

Consultative examinations: A medical expert examines you, giving direction about your diagnoses, prognosis, and restrictions. Vocational evaluation: An expert in occupations and workplace skills, compiles a report regarding the impact your disabilities may have on your ability to work. An experienced Social Security Disability lawyer will use ...

What are the tools available to an attorney?

The tools available to your attorney include: Medical Source Statements: A MSS completed by a treating medical source will provide functional limitations resulting from your severe impairments. Expedited hearings: If you have a terminal illness or are a wounded warrior, you might be entitled to an earlier hearing date.

Why hire a disability lawyer?

Hiring a disability attorney to handle your case can greatly improve your chances of success, but it's important to make sure the person you hire is experienced, knowledgeable, and willing to go the extra step for you . Most attorneys will schedule you for a free consultation to explain the disability process and to interview you about your medical ...

What is a disability attorney?

Most disability attorneys are members of NOSSCR, the National Organization of Social Security Claimants' Representatives, which provides continuing education and training in disability law throughout the year.

Can a non-attorney advocate represent a claimant in a disability hearing?

Although Social Security allows non-attorney advocates to represent claimants in disability hearings , there are many benefits to insisting that your representative is a licensed attorney. In particular, lawyers are more likely to be familiar with relevant Social Security regulations and case law, and unlike non-attorneys, ...

Do I Have a Substantial Claim?

In your initial consultation, your lawyer should give a full assessment of your case. In some cases, an attorney will see clearly that you don’t have a solid case and most likely will not be awarded benefits but will neglect to tell you so that they can collect a fee.

Do You Have Specialized Training in Disability Law?

Disability law is a highly specialized field, and a general practitioner attorney will not be as knowledgeable or familiar with the ins and outs of the SSA when handling your case as a disability attorney would.

What are Your Success Rates in Handling a Social Security Disability Appeal?

It’s important to know your disability attorney’s credentials, from their educational background, license to practice law, and experience. When asking about experience, it’s important to get a good idea of success rates, especially if you’re hoping that they will handle your Social Security disability appeal and overturn your rejection.

Will You Be Handling My Case?

It’s not uncommon for a lawyer to pass off their work to another staff member. All of your questioning about your disability lawyer’s qualification and competence are irrelevant if they are passing off the brunt of your case work to a member of their staff who doesn’t meet all of those qualifications.

What Do I Need to Do?

Get a clear idea of what your disability attorney needs from you. Whether they are building your case from the ground up or taking over for your Social Security disability appeal, there could very well be information or documents that are needed in order to best represent your case.

What is Your Fee?

You’re in a vulnerable position. It’s crucial that you have a solid understanding of the financial agreement that you’re making before you commit to a disability lawyer. Disability lawyers work on a contingency fee; if you win, the usual agreement is that their fee is a certain percentage of your back pay benefits (i.e.

Looking for a Disability Attorney in Springfield, MO?

Choose RGG Law. We specialize in disability law. We are members of NOSSCR; we are knowledgeable and experienced. Give yourself the best chance; make sure that a qualified disability attorney is handling your claim. Call RGG Law and schedule your free consultation with one of our disability lawyers.

What is a disability hearing?

Even though there may be many questions asked, a disability hearing is much more like a roundtable discussion between parties instead of the court room dramas we have come to know from television. You may rest easy knowing the proceeding is closed to the public with only a few parties allowed.

What does an ALJ do during a hearing?

During the hearing, the ALJ will typically begin with questioning you before allowing your attorney to do so. Throughout the questioning, you are given the opportunity to testify directly to all parties, but specially the ALJ, about your disabilities and the challenges they have posed on your day-to-day life.