what you need to know about seeing a social security disability lawyer

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. You only pay if the lawyer succeeds in getting your benefits for you.

Full Answer

How can a Social Security disability lawyer help my application?

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.

How will my attorney determine if I meet a disability listing?

To determine if you meet a listing, your attorney will first see if your illness has a disability listing in Social Security's "blue book." If it does, the attorney will review the requirements of the listing and compare them to the evidence in your case. (For more information, see our section on listed disabilities .)

Do I need a lawyer for my social security case?

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer. If you're thinking about hiring a disability attorney to help with your Social Security case, you should first understand the costs and benefits of having a lawyer on your side.

What happens when I first call a disability attorney?

What Happens When I First Call a Disability 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.

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 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.

Do most Social Security disability claims get denied?

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. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

What can I expect at a Social Security disability hearing?

The hearing process is very similar for all types of appeals. If your request for hearing is about whether you are disabled, the Administrative Law Judge (ALJ) will focus on your medical condition(s) and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify.

What is the monthly amount for Social Security disability?

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.

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.

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 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.

What conditions are automatically approved for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

How do you answer an ALJ question?

Most important is that you directly answer your ALJ's questions about your case to the best of your abilities. You may also have questions about aspects of your case that might be regarded negatively by the ALJ. Don't panic, be honest, and make sure that you've gone over your case for these types of facts.

Why does Social Security deny disability claims?

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 is a partially favorable disability decision?

In a partially favorable decision, the applicant is granted disability benefits, but the judge sets the established date of onset (EOD) later than the date alleged by the applicant on the disability application (the AOD). A partially favorable decision might also be an approval for a "closed period" of benefits.

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...

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

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.

The Advantages of Hiring a Social Security Disability Lawyer Before You Apply

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:

The Advantages of Hiring a Social Security Disability Lawyer If You Need to Reapply

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:

What Does it Cost to Hire a Social Security Disability Lawyer?

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. You only pay if the lawyer succeeds in getting your benefits for you.

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.

How long does a disability last?

The impairment must be expected to last at least 12 contiguous months and be medically determined by a physician.

Do I need a disability lawyer?

People with a real disability don’t need a disability lawyer: Because of the strictness of eligibility requirements, an obvious disability is step one. After that, the applicant will need to prepare and present a strong case, filing everything properly.

What to do if denied Social Security disability?

If you're denied at the application level, it becomes more important to hire a lawyer. 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.

How long do you have to wait to get a disability hearing?

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.

Can a claimant file a lawsuit without an attorney?

Without an attorney, it's difficult for a claimant to do this successfully. In addition, your lawyer will likely be familiar with how the particular judge likes to run hearings, and will be able to present evidence according to what the judge likes—and does not like—to hear.

Does disability affect Social Security?

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.

What happens if you are denied Social Security?

Denials happen more often than you might believe. If the Social Security Administration (SSA) denied your claim, you have questions about the claims process, or you recently received a notice that the SSA is cutting your benefits, it is time to think about hiring an attorney to help you secure the benefits you deserve.

Can a lawyer apply experience to a claim?

Your lawyer can apply the experience gained from these previous cases to your claim, meaning you have a better chance of approval. If you have a rare condition, this may not be possible. However, you can ask about similar conditions when you meet with a prospective attorney.

Can a lawyer help with disability?

No lawyer can guarantee a positive outcome in your case. When it comes to Social Security disability claims, your attorney should give you an honest opinion on your chances of approval based on the strength of your qualifications and his past experience.

Can I get full benefits if I am a partial SSA?

Sometimes, the SSA will approve only partial benefits for an applicant, leaving them in a financial crisis and still unable to work. If you qualify for full benefits, your lawyer should supply all the evidence necessary to prove it.

Do lawyers get paid after receiving benefits?

Since most only get paid after the client receives benefits, attorneys only take on cases they believe they can win. A high approval rate and glowing testimonials means the lawyer is willing to jump all the hurdles set by the SSA to secure clients the benefits they deserve.

Do you have to pay for medical bills if you win approval?

You might have to pay some costs no matter if you win approval or not, however. This includes the cost of obtaining your medical records and court costs if necessary. A good lawyer will tell you about these fees in your initial consultation, rather than springing them on you later.