whats important to tell my lawyer why i need social security disability

What does a Social Security disability lawyer do?

Feb 09, 2022 · Lawyers use three main possible "theories" that attorneys or advocates can use to explain why someone's disabled. They 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

What should I do if I need a Social Security Attorney?

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 ) …

How can a disability lawyer Help you Win Your Case?

Feb 09, 2021 · 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 …

Can a disability attorney request a social security exam?

Oct 17, 2014 · The best thing to do is ask your attorney what to say, and trust their judgment. A good Social Security attorney will tell you exactly what they think regarding your chances at meeting the disability requirements. A third reason why people may say they think they can work is that frankly, they are embarrassed. Applying for disability benefits is nothing to be …

What should you not say when applying for 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.

What are the chances of getting approved for disability?

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.

What questions does Social Security Disability ask?

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?Feb 26, 2021

How can I prove that I'm on a disability?

Frequently Asked Questions EmploymentStatements or letters on a physician's/medical professional's letterhead stationary.Statements, records or letters from a Federal Government agency that issues or provides disability benefits.Statements, records or letters from a State Vocational Rehabilitation Agency counselor.More items...

What is the most approved disability?

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.Dec 16, 2021

What is step 4 of disability process?

Step 4: Can severely impaired applicants work in their past jobs? At this step, the DDS considers whether an applicant's residual functional capacity ( RFC ) meets the skill and task requirements of his or her past relevant work.

What should I say in a disability interview?

Most importantly, be prepared to answer the following questions regarding your situation:Dates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income.More items...•Apr 26, 2017

What should I say at my disability mental exam?

6 Useful Tips For Your Mental ExaminationAnswer The Question. ... Be Honest And Don't Exaggerate. ... Try Not To Ramble Or Go Off Subject. ... Be Specific About Your Symptoms And Limitations. ... Paint A Picture Of Your Daily Living. ... Don't Be Embarrassed.Aug 24, 2021

How do I pass a continuing 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.Apr 22, 2020

What are the 5 steps for SSDI?

During that time, the SSA looks at the following to determine if you are eligible to receive disability benefits:Do you make too much money? ... Is your impairment severe? ... Is your condition in the official impairment list? ... Does your condition interfere with the type of work you did previously? ... Can you do a different job?Apr 21, 2021

What other benefits can I get with Social Security disability?

If you get SSI, you also may be able to get other benefits, such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP). For more information about SSI, read Supplemental Security Income (SSI) (Publication No. 05-11000). After you receive disability benefits for 24 months, you'll be eligible for Medicare.

Is anxiety a disability?

Is Anxiety Considered a Disability? Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

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...

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.

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, ...

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.

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.

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.

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 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 happens if an ALJ misleads an attorney?

If your attorney attempts to cover-up the evidence or mislead the ALJ about its importance, both you and your attorney's credibility will be damaged.

What does an attorney do with medical records?

Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security. Because of their heavy caseloads, administrative law judges (ALJ) do not have the time to sift through hundreds of pages of documents to determine what is relevant and what isn't.

Is Social Security giving more weight to doctors?

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.

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 .

Can medical records be harmful to disability?

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 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 say the wrong thing at a disability hearing?

If you say the wrong thing or if your statements don’t match your medical records you will lose the judge’s trust and most likely you will be denied benefits. The following five statements should never be announced at your disability hearing.

What is a disability hearing?

A Social Security disability hearing is your chance to show the judge how your disability affects your daily life and why you are no longer able to work. It is extremely important to be truthful about your daily habits and your disability. If you say the wrong thing or if your statements don’t match your medical records you will lose ...

What to do if a judge catches you in a lie?

The best thing you can do in this situation is to tell the absolute truth. If a judge catches you in a lie then you can bet your case will be denied. Talk with your attorney before the hearing about how to handle the situation and you should be fine.

Why do people say they can work?

Another reason clients tend to say they can work is because of the formality of the hearing. At the start of the hearing, the judge requires you to swear an oath, to tell the truth. People generally do not want to commit perjury.

What happens if you don't follow prescribed treatment?

A judge will take that statement and argue that if you had followed the prescribed treatment then you would not be disabled.

Is Social Security Disability a substitute for unemployment?

This program is not meant to be a substitute for unemployment benefits. The Social Security disability program is in place to assist individuals who are either physically or mentally unable to maintain full-time employment on a regular and consistent basis. Social Security does not care what the job market is like.

Does Social Security care about job market?

Social Security does not care what the job market is like. They don’t care how difficult it is for you to find a job. They simply care if you could perform the job functions required. I know this sounds harsh, but again, this program is meant as disability insurance.