Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …
Dec 03, 2021 · Filing a claim for SSDI can be done online or over the phone, and hearings can be held over the phone or through video conferencing. If you have been denied disability don’t give up! Contact a Disability lawyer at 512-454-4000 for a …
May 21, 2021 · But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities. A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather ...
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...
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...
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...
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...
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...
It is at this step that the lawyer can do the most good for you. They can collect and submit all necessary medical evidence to strengthen your SSDI application, get information about your residual functional capacity to work from your doctor, and write a detailed brief to the Administrative Law Judge (ALJ). The attorney will also appear at the hearing with you to answer the judge's questions and cross-examine the Vocational Expert or Medical Expert.
If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.
Not all claimants will need to hire a lawyer before or after they submit a SSDI application. If you have a condition and corresponding symptoms which definitely meet or equal a listing or a condition on the Compassionate Allowance list, assuming you meet all of the nonmedical requirements for SSDI, you will not need legal help.
The good news is a disability lawyer works on a contingency fee basis, and they are only paid if you win. They are also paid a percentage of your back pay. This means that if you are approved immediately for benefits you may not owe them much money.
Many disability lawyers will not file the SSDI application for you. In fact, it is generally up to you to contact the SSA and the complete the process. A disability lawyer can, however, offer you legal advice about how to improve your chances of winning benefits.
It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.
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.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.
First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
A disability attorney can minimize the damaging impact of any such information. Disability attorneys will cross examine a vocational expert and can counter any negative testimony a vocational expert offers. This requires a complex understanding of different jobs and job skills and how they are categorized.
Some doctors may be unwilling to assist claimants because they are unfamiliar with the filing process, too busy to fill out forms or have personal opinions about SSDI in general that make them reluctant to assist.
They will review a claimant’s file and determine if any other tests are necessary as well as ensure that irrelevant information is not submitted. An administrative law judge may become frustrated if they have to read through many pages of information that is not important to the claim.
If you not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Disability attorneys are experts in the reconsideration and appeals process; a disability attorney can craft your case to reverse a denial and present your case to the ALJ.
If a disability claim is not approved on initial application, the claimant will have to go through the appeals process. Though legal representation is not required, appearing at a court hearing before an administrative law judge without an attorney can hurt an applicant’s chance of success.
If you have been denied, don’t give up. Believe in your claim. Most legitimate cases are eventually approved- as long as the applicant remains persistent and keeps appealing. It can be difficult to deal with the appeals process alone, especially while dealing with the medical and financial problems that accompany disability. It is for this reason that many applicants choose to hire professional representation; having a lawyer by your side through the appeals processes and through administrative hearings greatly increases your odds of success. Having an advocate by your side can be invaluable in such an intimidating process. No lawyer can guarantee your claim will succeed, but hiring an attorney will significantly increase the odds of your claim being awarded.
If the SSA denies your application for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you must submit a request for reconsideration. You might also need to attend a disability hearing with an administrative law judge.
Usually, this part of the disability benefits application process takes the longest. Some claimants must wait upwards of two years in some states to get a hearing.
If the SSA denies your initial application for benefits, you need to submit an appeal 60 days after your denial. You can do this online or through the mail. During your appeal, the Social Security office lets a different examiner review your application. If this examiner determines that the first reviewer made a mistake, they approve your appeal. Applications denied in this step must apply for a disability hearing to argue their case in front of a judge.
However, representing yourself during a disability hearing might be intimidating. An experienced disability advocate helps improve your chances of winning your claim. Advocates have specialized knowledge of Social Security’s rules and regulations for benefits. If you need to appeal your disability application, our advocates know how to help.
If you don’t get approved for disability benefits, you owe us nothing. If you would like to apply for SSI or SSDI benefits with an advocate, call us 201-720-1434 or fill out our online form for a free evaluation of your claim.
Questions to Expect During Your Disability Hearing. The disability hearing usually intimidates claimants, especially if they decide to represent themselves. At your hearing, the judge will hear testimony from a vocational expert (VE) hired by the SSA.
After this review, if the SSAC denies your claim, you have the option to file a lawsuit in U.S. District Court. However, very few claims ever make it this far.
An SSD lawyer can handle any aspect of the claims process, from preparing your initial claim to appealing a denial.
A disability claim advocate will handle every aspect of the SSDI claims process, from the initial application through the full appeals process, if necessary.
A Social Security Disability lawyer can assist you in every aspect of your claim. But did you know that an advocate can also assist you with your claim in the same way?