when applying for a ssi disability do the lawyer know more than the social security office

by Alejandra Bruen 8 min read

There’s no need for you to visit an SSA

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

office in person. Your SSI

Social Security Administration

The United States Social Security Administration is an independent agency of the U.S. federal government that administers Social Security, a social insurance program consisting of retirement, disability, and survivors' benefits. To qualify for most of these benefits, most workers pay Social …

lawyer will also know exactly what medical records are needed for your file
. They are skilled and experienced at connecting your medical symptoms to the realities of your new life, living with a disability, and how that fits in with the law.

Full Answer

Can a disability attorney request a social security exam?

If necessary, a disability attorney can request that Social Security schedule (and pay for) an exam with a doctor or psychologist.

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.

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 does a Social Security disability lawyer do?

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: prove that your exertion level is " less than sedentary ."

Is SSI easier to get than Social Security disability?

According to government statistics for applications filed in 2018, many people receive technical denials: 45% for SSDI applicants and 18% for SSI. In that same year, approval rates at the application level based on medical eligibility alone were 41% for SSDI and 37% for SSI.

How does Social Security determine your 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.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

Does Social Security investigate disability?

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 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...

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.

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...•

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

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)

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.

What disqualifies you from receiving SSI?

Generally, the more countable income you have, the less your SSI benefit will be. If your countable income is over the allowable limit, you cannot receive SSI benefits. Some of your income may not count as income for the SSI program.

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.

Who Can Apply For Adult Disability Benefits Online?

You can use the online application to apply for disability benefits if you: 1. Are age 18 or older; 2. Are not currently receiving benefits on your...

How Do I Apply For Benefits?

Here is what you need to do to apply for benefits online: 1. Print and review the Adult Disability Checklist It will help you gather the informatio...

What Information Do I Need to Apply For Benefits?

We suggest that you have the following information at hand. It will make completing the application much easier.

Information About Your Work

1. The amount of money earned last year and this year 2. The name and address of your employer(s) for this year and last year 3. A copy of your Soc...

What Documents Do I Need to provide?

We may ask you to provide documents to show that you are eligible, such as: 1. Birth certificate or other proof of birth; 2. Proof of U.S. citizens...

What Are The Advantages of Applying Using Our Online Disability Application Process?

Our online disability application process offers several advantages. You can: 1. Start your disability claim immediately. There is no need to wait...

What Happens After I Apply?

After we receive your online application, we will: 1. Provide confirmation of your application- either electronically or by mail. 2. Review the app...

What Other Ways Can I Apply?

You can also apply: 1. By phone - Call us at 1-800-772-1213 from 7 a.m. to 7 p.m. Monday through Friday. If you are deaf or hard of hearing, you ca...

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 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.

How can a disability attorney help?

Experienced disability attorneys can help in several ways, including: gathering the proper medical evidence. recognizing when medical records need updating or more evidence is needed. recognizing when it would help to have a medical expert testify at the hearing, and knowing where to find appropriate experts.

What is the difference between SSDI and SSI?

There are big differences between SSDI and SSI, even though the SSA administers both programs. SSDI is a type of insurance for people who've worked and paid taxes for years before becoming disabled. In contrast, SSI is a need-based program for disabled people with little or no income or assets, regardless of their work history.

How to get a disability hearing?

These results aren't surprising. Experienced disability attorneys can help in several ways, including: 1 gathering the proper medical evidence 2 recognizing when medical records need updating or more evidence is needed 3 recognizing when it would help to have a medical expert testify at the hearing, and knowing where to find appropriate experts 4 preparing you for questioning at the hearing 5 anticipating what the administrative law judge may focus on (based on the attorney's familiarity with local judges who preside at Social Security disability hearings), and 6 knowing how to cross-examine the vocational expert in order to strengthen your case.

Is it easy to get disability?

It isn't easy to get Social Security disability benefits. As anyone who's been through it can tell you, it can be a long, exhausting process. But our survey reveals two important points that provide hope: Don't give up if your application is denied at first, because approval rates go up at the hearing stage.

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.

Is SSI based on income?

The SSI program is strictly need-based. It factors in your assets and income to determine the benefits given. These benefits come from the general fund taxes, not the SSA trust fund.

Does the SSA have to be up to date?

Since so many Americans have disabilities, the SSA must remain up to date regarding the recipient’s conditions. This also helps to ensure the SSA continues to provide funds to those who have the highest level of need.

Do disability attorneys get paid?

A dis ability attorney doesn’t receive payment for their services unless you qualify for SSDI or SSI. For most people, this makes the entire process less stressful. It also provides confidence that your attorney is doing everything they can to help you get the benefits you deserve.

Should I hire a lawyer for my Social Security?

However, if you have never had to hire a lawyer before, you may not know what to look for.

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.

How do I get a disability lawyer?

If you have filed your SSDI or SSI application you are most likely now playing the “waiting game.” Although some applicants are approved immediately, most are not. In fact, up to 75% of first time disability applicants are denied the first time they apply and may have to appeal their disability denial.

How is the SSI or SSDI disability lawyer paid?

So if the Social Security Administration is not going to pay for a disability lawyer and you are out of work with limited funds, what are your options for payment? The good news is the disability lawyer is only paid if you win. Their rate is established by the SSA, and they will be paid 25% of your back pay up to a maximum of $6,000.

Why will the SSA not help me more with my disability case?

Claimants often wonder why the SSA is not more helpful when they are applying for SSDI or SSI benefits. For instance, why do they not spend more time with you or meet with you? Why doesn’t the SSA seem to care about your case? The bottom line is the SSA processes millions of applications per year and they are simply overwhelmed.

How to contact SSI disability?

Contact us online today for more information. We can also be reached at (618) 732-0146.

How do I qualify for SSI?

The requirements for SSI require you to have little to no income, and one of the following: 1 You must be at least 65 years old. 2 You must be blind. 3 A determination that you are disabled must be made.

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.