what to say to lawyer to start social security disability inquiry

The disability hearing is not the time or place to be rude or to vent your frustration at "the system." Your words, actions and attire should be polite and respectful. Calling the judge "Your Honor" is a sign of respect, as is standing when the ALJ enters the room.

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What should I look for when hiring a disability lawyer?

How much experience do you have in handling these cases? You want to know how long your lawyer has represented claimants in disability cases. You will also want to know the approach that they have found most effective. Ask how many clients they have represented, their success rate, and the average length of time for having a claim approved.

Do I need an attorney to get Social Security disability benefits?

Statistics have shown that the Social Security Administration (SSA) is more likely to approve someone who is represented by an attorney. Fill out your information to receive a free case evaluation. Start the disability benefits process today.

What should I say at my Social Security disability hearing?

Your job at the hearing is to be truthful and to explain how your disability prevents you from securing and/or maintaining full time employment. A qualified Social Security disability attorney or representative may be able to help you understand the importance of what you say at your hearing.

How can a disability lawyer help you prepare for a hearing?

With the guidance of a disability lawyer, you are going to be better prepared for a successful disability hearing. By understanding the processes, the procedures, and what the judge is needing to know, you will be able to more accurately respond, and you will know how to prepare for your hearing.

What should you not say when applying for disability?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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...•

Does Social Security spy on disability applicants?

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.

What questions do they ask for Social Security disability?

Dates you last worked; The names, addresses, phone numbers, and dates of visits to your doctors; The names of medications that you take and medical tests you've had; and. Marital information.

What questions are asked in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview...When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?

What questions do they ask in a disability mental interview?

Preparing For The Social Security Disability Mental ExaminationWhat impairments do you have, and how do they affect you?How has their life changed since the onset of their mental illness?What's your ability to interact with others and your relationship with your family, friends, and the community?More items...•

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.

Does disability contact your doctor?

Morton III, M.D. If you believe you might qualify for Social Security disability benefits, you need your doctor to support your claim for disability. You'll need your doctor to send your medical records to Social Security as well as a statement about any limitations you have that prevent you from doing work tasks.

How does Social Security determine disability?

We consider your medical conditions, age, education, past work experience, and any transferable skills you may have. If you can't do other work, we'll decide you qualify for disability benefits. If you can do other work, we'll decide that you don't have a qualifying disability and your claim will be denied.

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.

What do I say to get disability?

Ask her precisely:As my doctor, what is your opinion on my ability to work?“I don't get involved with disability matters”“You need a different kind of doctor's opinion for disability”

How do I pass a disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.

What is the job of a disability judge?

Your job at the hearing is to be truthful and to explain how your disability prevents you from securing and/or maintaining full time employment. A qualified Social Security disability attorney or representative may be able to help you understand the importance of what you say at your hearing. This blog should not be considered legal advice; it is a summary of my experiences in practicing Social Security disability law.

Why is it important to remember why you are being asked the questions you are being asked?

It is important to remember why you are being asked the questions you are being asked. The judge doesn’t care how clean your house is, or how great of a parent you are because you take such good care of your kids and go to all of their extra curricular activities. The judge is trying to figure out if you can do work-like activities by evaluating how well you are able to perform typical daily activities. It is important to let the ALJ know exactly how your disability affects your everyday life.

What is a believable applicant?

An applicant who follows the advice of their physician and other healthcare team members and who has sought complementary therapies such as acupuncture along with diet or lifestyle changes is much more believable than one who is not following medical advice.

What happens if you can't work?

If you are unable to work due to pain, mental illness, or other problems that are not obvious or visual, the SSA must find you credible for you to be approved for benefits. The SSA will corroborate your reports of symptoms and difficulties with what your friends, family, and even doctors say. What you say and do must match up to your medical reports. For example, an applicant who files for Social Security Disability for carpal tunnel syndrome and being unable to use their hands should not be able to easily complete forms at the doctor’s office or be seen rapidly and easily texting on their cell phone.

What should your response to a judge's question be?

Your responses to a judge's questions should be full, forthright, and honest. Don't exaggerate your medical condition, pain, or the limitations caused by your physical or mental impairments.

How to prepare for a hearing?

Be Prepared. Take some time to review your medical file before the hearing. Make sure you are able to quickly and naturally answer questions about your medical condition, treatments, medications, and your limitations. Organizing your file is a good way to review information and dates.

Is a disability hearing adversarial?

Remember that the hearing is not adversarial. Any stress you have been feeling because your initial disability claim was denied needs to be checked at the door. The disability hearing is not the time or place to be rude or to vent your frustration at "the system.".

Can you be late for a disability hearing?

There is simply no excuse for being late for your disability hearing. You will know the date, time and location of the hearing in advance. Do a dry run to make sure you know where to go, leave extra early, and plan in advance for an emergency such as how you will get there if your planned ride is suddenly unavailable.

Can an ALJ hear your medical history?

The ALJ does not have time to hear the entire history of your disability and your medical condition. If and when you are asked questions, answer the question you were asked without providing additional information. You might inadvertently embellish with details that hurt rather than help your case. For guidance on how to answer the judge, see our article on answering questions at a disability hearing.

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What to ask your doctor for in a disability appeal?

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. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What to do if your records contain statements about drug abuse?

If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.

What is a good disability lawyer?

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. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...

What is the most important evidence you need to substantiate your claim for disability benefits?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity) statement.

Can you do less than sedentary work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day .

Does Social Security give doctor opinions?

In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.

How much does an SSD lawyer get?

The SSA set these fees at 25% of your SSD backpay award or $6,000, whichever is less. For example, if an administrative law judge awards you $25,000 in back pay, the SSD lawyer would only be entitled to $6,000. That’s because 25% of your $25,000 disability back pay award is $6,250, and SSA regulations cap fees at $6,000. If, however, you were awarded $10,000 in disability back pay, the disability lawyer would collect $2,500 because it is less than $6,000.

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, ...

What is an administrative hearing?

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.

Can a disability attorney charge for travel expenses?

There are two caveats to this fee structure. Although the disability attorney’s fees are capped, he can still charge you for expenses. These may include costs associated with obtaining medical records, travel expenses, the cost of consultative exams, or postage. The second caveat is that the fee structure may change if you submit an appeal to the Appeals Council or Federal District Court.

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 a disability attorney handle a case?

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. If having a single attorney work with you throughout the entire process is important, make sure to ask whether the attorney she will be handling your case or if she will pass it on to a junior associate.

What happens when an attorney checks in with the SSA?

Once your application is submitted, your attorney will check in with the SSA on your behalf and give you updates as they become available.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

How to get a reconsideration hearing?

Your lawyer will file a request for reconsideration within the specified timeframe before time runs out. Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved. However, claims are often denied on the reconsideration level as well. At that point, you will file a request for a hearing before an administrative law judge.

How long does it take to get disability benefits?

It can take anywhere from a few months to longer than a year to receive monthly benefits.

Why are disability claims denied?

Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

What can an SSD attorney do?

An experienced SSD attorney can help prepare you for the administrative hearing and lessen the impact of any potentially problematic answers. By reviewing your medical file and practicing your answers to questions the ALJ and attorneys are likely to ask, you’ll go into the hearing feeling more confident and will be less likely to inadvertently say something that could decrease the chance of your application being approved.

How long does it take to get a disability hearing in Chicago?

These feelings are understandable. The average wait time for an administrative hearing in Chicago is 14.9 months, so you’ve no doubt waited a long time for a hearing date. Not to mention, a lot is riding on the administrative law judge’s (ALJ) decision.

How to increase chance of getting approved for unemployment?

One of the most important things you can do, both for your health and well-being and to increase the chance that your benefits application is approved, is to regularly visit your doctor and follow his treatment plan. Not seeing the doctor regularly will damage your credibility and lead the ALJ to believe that your condition is not as severe as you claim – if it were, wouldn’t you want to do whatever you could to feel better?

What to say when asked about substance abuse?

If you are asked, answer honestly, explain what happened and , in the case of substance misuse, explain what steps you took, or are currently taking, to end your addiction.

Can you go for walks with a disability?

But if the ALJ or attorney asks, “Do you go for walks?” and your answer is simply, “Yes,” you run the risk of giving the impression that you can do these and other activities all of the time. And if the ALJ believes you can do them all of the time, or without difficulty, she will deny your application.

Can an ALJ damage your credibility?

Unfortunately, this can sometimes damage your credibility with the ALJ. So, unless you are asked directly whether you have ever been convicted of a crime or have ever had issues with substance misuse, don’t offer the information.

Can you become disabled if you have a drug history?

Whether you’ve ever been convicted of a crime or have a history of drug or alcohol misuse shouldn’t, in theory, matter – having a less than spotless history doesn’t mean you can’t become disabled in the future.