what to look for in a disability lawyer

by Prof. Opal Denesik IV 5 min read

Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that. Most of the time, they will focus on your medical records.

Full Answer

How do I find a good disability lawyer?

You wouldn't hire a heart doctor to treat your back, and the same goes for law. Look for attorneys that belong to professional groups like the National Organization of Social Security Claimants Representatives (NOSSCR) to determine which ones are really up to date on Social Security law.

Do I need a lawyer to represent me at a disability hearing?

What should I look for in an attorney?

What happens when you get in touch with a disability lawyer?

May 12, 2022 · It’s best to choose a lawyer who has the positive reviews from previous clients. When you have a disability lawyer that you are interested in your want to ask them about their experience. It’s important for your lawyer to have experience because they will be familiar with how the system works.

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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.

What conditions are recognized as a disability?

Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.Mar 24, 2021

What problems can you get disability for?

For adults, the medical conditions that qualify for SSDI or SSI include: Musculoskeletal problems, such as back conditions and other dysfunctions of the joints and bones. Senses and speech issues, such as vision and hearing loss. Respiratory illnesses, such as asthma and cystic fibrosis.Mar 27, 2019

What's the highest disability payment?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

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 tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

What are the 3 most common physical disabilities?

According to the Centers for Disease Control and Prevention (CDC), three of the most common physical disabilities that affect people include arthritis, heart disease, and respiratory disorders.

What are the top 10 disabilities?

What Are the Top 10 Disabilities?
  • Nervous System and Sense Organs. ...
  • Intellectual Disabilities. ...
  • Circulatory System. ...
  • Schizophrenic and Other Psychotic Disorders. ...
  • Other Mental Disorders. ...
  • Injuries. ...
  • Organic Mental Disorders. ...
  • Neoplasms. Finally, the 10th top disability comes from neoplasms.

What are the top 5 disabilities?

Top 5 Disabling Conditions that Receive Disability Benefits
  • 1) Arthritis. Over 50 million adults and 300,000 children are documented to have some form of arthritis. ...
  • 2) Degenerative Disc Disease. ...
  • 3) Cancer. ...
  • 4) Paralysis. ...
  • 5) Parkinson's Disease. ...
  • Contacting a Social Security Attorney.

How do you calculate disability payments?

Calculating Benefit Payment Amounts. Your Weekly Benefit Amount (WBA) depends on your annual income. It is estimated as 60 to 70 percent of the wages you earned 5 to 18 months before your claim start date and up to the maximum WBA. Note: Your claim start date is the date your disability begins.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.Nov 19, 2017

Does disability run out?

For those who suffer from severe and permanent disabilities, there is no “expiration date” set on your Social Security Disability payments. As long as you remain disabled, you will continue to receive your disability payments until you reach retirement age.

1. Does This Attorney Know Social Security Inside and Out?

Disability law is somewhat of a specialty. Lawyers that do not practice mostly Social Security law are unlikely to be very familiar with the complex Social Security Disability and SSI regulations. You wouldn't hire a heart doctor to treat your back, and the same goes for law.

2. Is This Lawyer Local?

You might see commercials for lawyers on TV wearing cowboy hats and loudly declaring things like "Nobody intimidates our clients." Many of the lawyers you'll get by calling those numbers are from out of state.

3. Can I Afford a Disability Attorney?

Almost all Social Security disability lawyers charge the exact same fee. Our fees have to be approved by the Social Security judge in order to be withheld from your disability backpay and paid to us by Social Security. And your attorney will only get paid if you are awarded benefits.

4. Read Attorneys' Profiles in Nolo's Lawyer Directory

Nolo's Lawyer Directory offers in depth-profiles of each attorney. You'll find out how much of the attorneys practice is dedicated to Social Security disability, what kinds of cases the lawyer has won in the past, whether the attorney is certified by the Veterans Administration, and so on. Read about disability attorneys in your state.

Do disability firms keep in touch?

Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:

Can a disability firm accept children's cases?

Not all disability firms will accept children's cases, and those that do may not have much experience with them. If you are filing on behalf of a child, make sure that the firm you deal with has experience with childhood disability questions.

What does a good attorney do?

A good attorney will give you an honest assessment of your case only after reviewing the facts. A good attorney will also admit that he or she probably can't get you approved any faster than you could on your own. Here is a sample question you should ask and a sample answer a good attorney should give you:

Does Nolo have a disability license?

Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association.

What are the disability criteria for a person on Social Security?

There are a myriad of disabilities covered by Social Security disability insurance and the Social Security Administration has a defined set of guidelines, called the Disability Impairment Criteria, for each conditions, from cancer and diabetes to fibromyalgia, AIDS and strokes.

What are the disability impairment criteria?

There are a myriad of disabilities covered by Social Security disability insurance and the Social Security Administration has a defined set of guidelines, called the Disability Impairment Criteria, for each conditions, from cancer and diabetes to fibromyalgia, AIDS and strokes. When preparing a case, it is important to use language specific to ...

What are the two types of SSDI representatives?

There are two primary types of SSDI representatives: organizations and lawyers . The benefit of working with an organization is that they may have a staff of specialists and representatives who are experienced in handling Social Security disability claims around the country.

Can I file for SSDI after being denied?

While there may be some attorneys that only accept SSDI clients after their disability applications are denied, there are a growing number who are providing early stage assistance. One of the first things to do when filing for Social Security Disability Insurance is to complete the Activities of Daily Living questionnaire.

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.

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 ...

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, ...

Can a disability lawyer charge more than $6,000?

In come cases your disability lawyer can submit a fee petition to Social Security, asking to charge you more than the $6,000 cap on fees for disability claims. Why It's Smart to Have a Lawyer at a Disability Hearing. The Social Security Act and its corresponding regulations are a complex area of law, so it's always advisable to hire a lawyer ...

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. Here's why it makes sense to hire a disability lawyer for your disability claim for mental illness.

What is disability lawyer?

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.

Can I hire an attorney for disability?

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.

Why don't doctors help with disability?

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.

Do you know what to give SSA?

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. Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for ...

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

Why is it important to have an attorney in a case?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

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.

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 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.

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.

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Get Help Early

Finding The Right Representative

  • There are two primary types of SSDI representatives: organizations and lawyers. The benefit of working with an organization is that they may have a staff of specialists and representatives who are experienced in handling Social Security disability claims around the country. The benefit of working with a law firm is that they have the legal muscle t...
See more on disabilitybenefitscenter.org

Experience Matters

  • There are a myriad of disabilities covered by Social Security disability insurance and the Social Security Administration has a defined set of guidelines, called the Disability Impairment Criteria, for each conditions, from cancer and diabetes to fibromyalgia, AIDS and strokes. When preparing a case, it is important to use language specific to the disability type to prevent denials or delays.
See more on disabilitybenefitscenter.org

Additional Resources