what to discuss with your lawyer about ssd

Talk to your social security disability lawyer in depth about what they think of your claim. Moist attorneys handle their claims differently, but they should be able to give you a fair idea of the tools they use. In most cases, attorneys rely heavily on Medical Source Statements, to explain the client’s condition and need for benefits under SSDI

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What does a Social Security disability lawyer do?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your exertion level is " less than sedentary ."

How can a disability lawyer Help you Win Your Case?

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 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 .)

When can I talk to my lawyer about my disability case?

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 contact with the law firm may be with paralegals or administrative assistants.

What happens if I don't meet the SSA's disability requirements?

If you don't meet a disability listing or cannot "grid" out of work, your attorney must be able to prove to the SSA that you cannot do even a sedentary (sit-down) job. (The grids lay out the rules only for those who can do medium work, light work, or sedentary work.)

What evidence do I need for SSDI?

This includes medical records, doctors' reports, and recent test results; and. Award letters, pay stubs, settlement agreements or other proof of any temporary or permanent workers' compensation-type benefits you received [more info].

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 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.

Why are SSD claims denied?

You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

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.

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 should you not tell a disability doctor?

For example, if you are being examined for a medical condition, you should not tell a doctor you have pain everywhere, or your level of pain is 10 out of 10 for everything if your daily activities are not consistent with this level of pain.

What do I say to get disability?

Here are some simple ways you can start a conversation about disability with your doctors.Show Them Your Disability Journal. ... Ask for Work Restrictions. ... Explain Your Plan's Definition of Disability. ... Ask Your Disability Insurance Lawyer for Help.

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.

What should I say in a phone interview for Social Security?

When your conditions became disabling:Dates you last worked.Your doctor's names, address, phone numbers, and dates of visits.Names of medications you take.Names of medical tests you've had.Marital information.Your current living arrangements, including who lives there and the monthly household expenses.More items...•

What to bring to a social security lawyer meeting?

What to Bring. When meeting with a social security lawyer, you’ll want to be concise and have all of the relevant information for them to properly discuss your case with you. You should write down all of the information below to bring with you to your first meeting: Education, work, and training history from the past 10 years.

What can a disability attorney do?

A disability attorney can help you through the claim process and all communications with the Social Security Administration along the way. The application process can be time-consuming and a little confusing for some, so working with a social security lawyer can take some of the stress out of the equation.

What is initial consultation with a social security lawyer?

As mentioned above, the initial consultation with a social security lawyer is not only about them learning about your situation and deciding whether they want to work on your case. It is also your chance to get a feel for whether or not you want to work with them.

Do disability attorneys pay upfront?

A disability attorney will ask you to sign a medical privacy release so that they are able to access your medical records to use in your case. Some attorneys may pay for the upfront costs of obtaining these records until your case is over. You’ll be billed for these costs at the end of your case.

Can a social security lawyer take your case?

With the information listed above, you can go into your meeting with confidence and leave with the answers you need to move forward. A social security lawyer is more likely to take your case if you come in prepared.

Can I consult with a disability attorney?

Whether you’ve already applied for Social Security disability or you’ve only just suffered an injury or illness that has prevented you from work, it can be extremely helpful to consult with a disability attorney. A disability attorney can help you through the claim process and all communications with the Social Security Administration along the way.

Do social security lawyers get paid upfront?

Other times, you will be responsible for covering the costs. It’s also important to know that social security lawyers do not require any payment upfront for their services. They get paid when your case is won (known by attorneys as a contingency case).

Reasons to Speak With a Social Security Disability Attorney

If you have a disability that prevents you from maintaining gainful employment, you may be entitled to Social Security Disability (SSD) benefits. However, the process of claiming those benefits is often complicated and challenging. Speaking with an SSD lawyer right from the start can make your life easier in many ways.

Receive a Preliminary Evaluation to Check If You May Qualify for Benefits

You can save yourself a lot of time and effort by checking to make sure you qualify for SSD benefits before you begin your application. During the preliminary evaluation, your attorney can evaluate your eligibility to claim SSD benefits by investigating your disability, the severity of your symptoms, and your inability to work.

Get Help with Your Initial Social Security Application

Once you determine your eligibility and decide to file for benefits, your next steps will involve filling out an application and submitting it to the SSA. You will need to complete several detailed forms and attach supporting documentation to prove your eligibility.

Update the SSA About Changes in Your Medical Records

If any changes to your medical condition occur during or after the SSD application process, it’s essential to notify the SSA immediately. To do so, you’ll need to submit additional paperwork and medical records to keep the SSA in the loop.

Ensure You File Your Appeal Before the Deadline

The SSA denies many first-time SSD applications because of various eligibility issues, filing errors, or incomplete paperwork. However, applicants have the right to appeal these denials by requesting an SSD hearing.

Receive Representation at Your Hearing

When you file an appeal, your case may go before an administrative law judge for additional review. At this stage, the SSA will likely tap experts such as medical professionals and vocational specialists to support its decision.

Contact Our Experienced Florida Social Security Disability Attorneys Today

To learn more about how a Florida disability benefits lawyer can support your SSD claim, contact the Disability Law Firm today. We can explain your legal rights and your eligibility status in a free initial consultation.

What happens if you are denied a disability?

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, ...

Do you have to meet with your attorney before a trial?

Although these hearings are less formal than traditional trials – there is no jury and usually, no witnesses other than the claimant testifies – they are still extremely important. Before the hearing date, your attorney should meet with you at least once, if not more, to prepare for the hearing.

Can you meet with a disability attorney?

Sometimes the disability attorney you meet with during the initial consultation isn’t the attorney who will ultimately handle your case. Although this is a common practice, it can be unsettling for some people, particularly if you hired an attorney based on how comfortable you felt with them during the initial consultation.

Questions to Ask a Social Security Disability Lawyer

If an injury is causing you lasting physical or psychological damage that prevents you from returning to work at full capacity, you may qualify for Social Security Disability Insurance.

What Information Do I Need to File an SSDI Claim?

Social Security disability benefits are not given out freely. The United States federal government thoroughly verifies the legitimacy of an applicant’s claim before it is approved, and many claims are rejected. When you meet with your Social Security disability lawyer, be sure you fully understand what qualifies a person for SSDI benefits.

How Long Have You Been Practicing Social Security Disability Law?

Because applying for Social Security Disability Insurance is known to be a lengthy and difficult process, you want to know that you have the right attorney on your side. The last thing you need in this complex process is an inexperienced attorney.

What Is the Process Like and What Should I Expect?

When you choose an experienced SSDI attorney, you should expect an initial consultation during which your attorney asks questions to understand your case. From there, the attorney will assist you in filling out the SSDI claim and submitting it for approval.

Will There Be an Appeal if the Claim Is Denied?

Your claim may be denied for any number of reasons, including an error in submitted documentation. A good SSDI attorney will not take “no” for an answer and will keep fighting for your right to receive Social Security disability benefits.

Hire an Attorney Who Will Fight for Your Benefits

The SSDI claims process can be stressful, especially when you factor in the debilitating physical or psychological symptoms you are experiencing. You need an SSDI attorney who will fight for you at every step of the claims process. The lawyers at Shook & Stone are here for you.

Can a disability lawyer do a hearing?

No. In fact, it is a common misconception that a disability lawyer can do this. In some cases, a lawyer can, for a case that is at the hearing level, ask for an expedite based on dire financial need, but this does not happen much due to the extreme backlog of disability cases at hearing offices.

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

Can you testify about your disability?

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 if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.