If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online. IMPORTANT: Did you have an unexpected/abrupt accident or illness?
Feb 09, 2022 · First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices.) Next, your attorney will develop a "theory" of why you're disabled under Social Security disability law. Your lawyer will write a legal brief for …
When speaking with a prospective lawyer for an SSDI (Social Security Disability Insurance) or SSI Disability Case, here are several questions to ask. ... If you look online, you'll find a fair amount of advice as to how you should pick a lawyer for an SSDI (Social Security Disability insurance) case. Most of it, I would have to say is not very ...
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...
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...
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...
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...
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...
When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.
The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.
The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.
If your disability application is denied, there are four levels of appeal: reconsideration, administrative hearing, appeals council, and Federal District Court. Some disability attorneys handle appeals at every level; others will not. While you can certainly have different attorneys handle your case at each level, if you want continuity, ...
Disability claims are handled on a contingency fee basis, which means the attorney is only paid if you are awarded benefits. The Social Security Administration (SSA), which administers the SSD program, establishes the fees disability lawyers may collect. So, regardless of which disability attorney ultimately you hire, ...
Administrative hearings allow you to explain to the judge more about your disability and its impact on your ability to work. Not only will you have an opportunity to provide testimony, but the judge and the SSA attorney can ask you questions as well.
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 ...
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.
The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case).
Your attorney will develop a "theory" of why you are disabled under Social Security disability law: either that your condition meets one of Social Security's disability “listings,” that your exertion level (such as sedentary) prevents you from doing any jobs, or that you have non-exertional limitations (such as difficulty with memory and concentration) that prevent you from working..
What do the statistics say on outcomes? In our survey of readers, 60% of readers with lawyers were approved for disability benefits, compared to 33% of those who didn’t use an attorney. Unless your case is very clear cut and the evidence points strongly to your disability, you might be better off hiring an attorney.
For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI. For SSI, if you have significant income or assets, a lawyer won't be interested in your case. A lawyer might also try to estimate the amount of backpay you'll receive, as lawyers' fees are paid out of your backpay.
Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.
Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.
If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.
You may be more comfortable if you know what kinds of questions to expect during the hearing. 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:
Our board certified Social Security disability lawyers will not let you go to your hearing unprepared. We will use our experience to anticipate what the administrative law judge wants to know and to help you anticipate the questions that will be asked of you so that you can prepare your answers.
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.
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).
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:
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.
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.
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).
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.