When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA.
Most disability lawyers limit that 25% fee to no more than $6000 because social security regulations do not require government approval of all legal work performed by the disability attorney. Here are some examples of how this 25% or $6000, whichever is less, fee arrangement works: John Smith wins his case. His retroactive benefits are $4000.
A common arrangement is to pay the lawyer 25 percent of back payments owed to you, with a cap of $6,000. The SSA pays the lawyer directly, so you never have to write a single check, unless some fees are charged for expenses. This may include the cost of getting medical records.
On the initial application, your lawyer can offer advice on your "alleged onset date" of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security. At the reconsideration and hearing levels (the first and second level of appeal in most states), your …
When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA.
On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.
Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.
SSDI benefits are subject to a five-month waiting period. If your application is approved, you will not receive benefits for five full calendar months. This policy also affects your back pay. For example, if your claim was approved within five months of applying, you will not receive any back pay.May 13, 2021
Is there a waiting period for Social Security Disability Insurance (SSDI) benefits? If we find you disabled, there is generally a five-month waiting period before we can begin your benefits. We will pay your first benefit the sixth full month after the date we find your disability began.Mar 30, 2021
If you hire an experienced Social Security disability lawyer before you apply for Social Security disability benefits, then you can be confident that your attorney will:
You may not have hired a lawyer the first time you applied for Social Security disability benefits and your application may have been denied. However, you can benefit from a Social Security disability lawyer if you need to reapply. Specifically, you should consider that:
If you decide to hire a lawyer to represent you at any stage of the SSA disability process, you should know how that lawyer is paid. First and foremost, you do not pay the lawyer any fees that are not part of your settlement. Federal law regulates this.#N#You only pay if the lawyer succeeds in getting your benefits for you.
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.
A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.
Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.
Disability applicants who hire an attorney or advocate to handle their Social Security disability (SSDI) or Supplemental Security Income (SSI) disability claim are more likely to be approved than those who don't. The reasons for this are many, and knowing them may help you decide if hiring a legal representative is the right choice for you.
Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.
Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.
This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.
The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.
Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.
And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
While the severity of your disability doesn't affect the amount of money you get, the date that Social Security thinks you became disabled does matter.
If you make it to the hearing level, hiring a disability lawyer can definitely help.
Having the right help on a social security disability case can very easily make the difference between winning and losing a claim for benefits.
Here is how disability firms develop and manage cases in preparation for a disability hearing.
One of the benefits of hiring a Disability lawyer is not having to worry about schedules or filing deadlines. A lawyer will handle whatever comes down the pike and keep you up to date.
If your claim gets denied, a seasoned attorney can identify the problem and work to overcome it.
Not to mention, all those acronyms: SSA, SSI, SSD, CE, VE, ME, SGA, SSA, ALJ. Understanding the Social Security Disability system is like trying to decipher a secret code. It’s best left to a well-versed Disability lawyer.
Skip the painstaking paperwork. To apply for Disability benefits, you will be required to submit about 40 pages of forms filled with information about your medical condition, education, work history, limitations and capabilities.
By hiring a Disability lawyer, you will not have to wait in long lines at your local Social Security office or get stuck on hold waiting to talk to a government worker . In fact, you may never have to leave your home or deal with the federal government at all.
If your Disability application was denied, there’s a good chance you will end up having a Disability hearing before an Administrative Law Judge (ALJ.) While this can be a very nerve-wracking experience for a claimant, it’s a Disability lawyer’s time to shine. A savvy Social Security Disability lawyer will fully prepare you for the hearing, skillfully question the expert witnesses, and make the appropriate legal and medical arguments to the judge. Hiring a Disability attorney could make the difference between winning and losing your Social Security Disability appeals hearing.
Hiring a Disability lawyer at McDonald Law Firm means you will get aggressive, legal representation from the word go. Because the Disability process can take a long time, our team won’t waste any time getting started on your claim. Regardless of whether you want to apply for the first time or appeal a denied claim, we can help you. Our goal is to get you the maximum amount of benefits as quickly as possible. Call us today at 855-702-9061.
If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.
To help you get approval at this stage, your lawyer can: 1 help you gather substantial medical evidence proving the extent of your disability 2 present a clear and concise argument as to why you deserve the benefits 3 negotiate your disability onset date 4 convince the Attorney Adjudicator on the specific merits of your case
According to the SSA, the average processing time for disability benefit claims is 103 days in 2018. But some disability reviews may take up to two years. Some factors that can affect the turnaround time include: A disability lawyer knows what the SSA wants to see and hear.
Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.
Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.