what to know when contact a disability lawyer

by Ashlee Tromp 8 min read

When you first contact a lawyer or nonattorney advocate, either the representative or a staff member will explain to you how the disability process works. They will then conduct an initial interview to gather the basic facts of your case. The firm will use these facts to help determine if they will take your case.

Full Answer

When to talk to a Social Security disability lawyer?

How can I get a disability lawyer for free?

How much does a Social Security disability lawyer cost?

Jun 02, 2017 · What Makris Law Firm Does For You. If you get a Social Security Disability attorney to assist you from the beginning of the process, you could have a higher chance of receiving benefits. The attorneys at Makris Law Firm will help you: Fill out a large number of complicated and confusing forms. Present proof of your illness to the SSA.

How much will I pay in SSDI attorney fees?

Your disability lawyer will be able to maintain contact with the SSA and make sure that they have all the details that they need to properly review your claim and make an appropriate decision. They also know what other supporting evidence can be helpful to your disability claim, such as statements from former coworkers and supervisors.

image

What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

How do I prepare for a disability interview?

Prepare for your disability interview: tips from Social Security
  1. Dates you last worked;
  2. The names, addresses, phone numbers, and dates of visits to your doctors;
  3. The names of medications that you take and medical tests you've had; and.
  4. Marital information.
Feb 23, 2017

Do disability investigators follow you around?

THE INVESTIGATOR MAY FOLLOW YOU

The investigator may also follow you in a car if you drove to your appointment. If you drive home or to a gas station or a store, they will follow you. Wherever you go after your doctor's appointment, they may be following you.
Jul 1, 2021

How can I speed up my disability?

Here are some more ways to speed up your disability application.
  1. Requesting an OTR Decision. ...
  2. Requesting an Attorney Advisor Decision. ...
  3. Compassionate Allowances List. ...
  4. Terminal Illnesses. ...
  5. Presumptive Disability. ...
  6. Dire Need. ...
  7. Military Service Members. ...
  8. Contacting a Member of Congress.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.
  • “I can't work because no one will hire me.” ...
  • “I don't know why I'm here. ...
  • “I don't do chores because my significant other, friend or family member does them.” ...
  • “I have never used drugs or alcohol in my life.”
•
Oct 17, 2014

What should you not say when applying for Social Security disability?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How do you tell if a private investigator is watching you?

Pay Attention to Others' Actions

Private investigators typically stay one or two cars behind a subject's vehicle and they tend to keep their vehicle in your blind spot. Try making a U-turn to see if the vehicle follows you. Watch for someone following you on foot.
Dec 14, 2018

Does Social Security watch you?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

Can Social Security tap your phone?

(2) SSA employees authorized to listen-in to or record telephone calls are permitted to annotate personal identifying information about the calls, such as a person's name, Social Security number, address and/or telephone number.

What conditions are considered for disability?

Some of the most common illnesses and injuries that often qualify as a disability are:
  • cardiovascular disease and stroke.
  • cancer.
  • mood disorders, including bipolar, anxiety, or depression.
  • PTSD.
  • mental health problems.
  • back injuries.
  • fractures.
  • brain injuries.

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)
An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)Mar 2, 2021

What Happens When I First Call A Disability Attorney?

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...

How Will My Attorney Develop My Medical Evidence?

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...

How Will My Attorney Help Me Get Ready For My Hearing?

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...

Will My Attorney Arrange Witnesses For Me?

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...

How Will My Attorney Argue My 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...

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in:Public accommodations...

Discrimination and Harassment at Your Job

The Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination.Protections Included Under the LawTh...

Voter Accessibility Laws

Voter accessibility laws ensure that people with disabilities or language barriers are able to vote.If you know you’ll need accommodations on Elect...

How to prove disability?

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: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

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.

How to file a discrimination complaint?

How to File an Employment Discrimination Complaint. To file a complaint, contact your state, local or tribal employment rights office. Many state and local governments have their own anti-discrimination laws. These laws may offer extra protections beyond federal laws. Some state laws: Apply to businesses with only five or six employees.

What is the ADA accessibility board?

The United States Access Board website provides: Guidelines and standards for telecommunications, public transportation, and recreational facilities. A guide to the ADA standards for buildings. Section 508 of the Rehabilitation Act requires federal agencies to make electronic and information technology accessible.

What is the ADA?

Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) protects the rights of people with disabilities. It guarantees equal opportunity in: Public accommodations. Jobs. Transportation. Government services.

What are the responsibilities of the ADA?

Federal agencies with ADA responsibilities. Mediation for dispute resolution. The United States Access Board website provides: Guidelines and standards for telecommunications, public transportation, and recreational facilities. A guide to the ADA standards for buildings.

What is Section 508?

A guide to the ADA standards for buildings. Section 508 of the Rehabilitation Act requires federal agencies to make electronic and information technology accessible. View information on Section 508 law. For questions, contact the Section 508 program.

What are the laws that protect the rights of people with disabilities?

Laws and Accommodations That Help Voters With Disabilities. Several federal laws protect the voting rights of Americans with disabilities. These include the Americans with Disabilities Act (ADA) and the Help America Vote Act (HAVA). Voters with disabilities have the right to: Vote in private, without help. Have an accessible polling place ...

Can you file a lawsuit against a job discrimination?

If you're a victim of job discrimination or harassment, you can file a lawsuit. If the discrimination violates federal law, you must first file a charge with the EEOC. (This doesn't apply to cases of unequal pay between men and women.)

What is disability advocacy?

There are two main types of disability advocacy: legal and social. Legal disability advocates are lawyers, or other trained professionals, who litigate for disability rights on behalf of a client, government or organization. Social advocates are people who work toward furthering disability rights through social change and public policy.

How long does it take for a lawsuit to be heard?

The average timeframe for a lawsuit to be heard by a judge or jury after being filed is two years. Post navigation.

What is social advocacy?

Social advocates are people who work toward furthering disability rights through social change and public policy. Within these two categories, you’ll likely encounter specific types of advocacy and advocates. Citizen advocacy – This is the most common advocacy that you’ve likely encountered before.

What is an individual advocate?

Individual advocacy – An individual-advocate is somebody who advocates for a person with disabilities through a one-on-one approach. Typically, individual advocates are there to prevent or address any unfair treatment or abuse a person with disabilities may face. Social security advocates also fall under this category.

What is systemic advocacy?

Systemic advocacy – The disability rights movement falls under systemic advocacy. Systemic advocacy involves working toward long-term social changes that validate the collective rights and interests of people with disabilities. The common targets for this advocacy are legislation, policies and practices.

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

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.

What Medical Evidence Is Most Important to Win My Case?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).

Will My Attorney Use the Opinions of Every Doctor I've Seen?

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:

Does My Attorney Have to Submit All of My Medical Records?

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.

What Will My Attorney Do With Bad Evidence?

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.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

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).

What Else Do Disability Lawyers Do?

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.

What Are the Cons of Hiring a Lawyer?

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).

What Are the Pros of Hiring a Lawyer?

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..

Will Your Outcome Be Different If You Hire a Disability Lawyer?

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.

image