when do i contact lawyer for ssdi

by Mr. Junior Dibbert II 10 min read

Generally, you should contact an SSDI

Social Security Disability Insurance

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 …

attorney the moment you start thinking about filing for disability. Most disability attorneys offer a free consultation. Some people choose to go through the initial application without legal help.

If you are unable to work because of a medical condition, you should talk with a disability lawyer before you get your disability claim underway. The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

Full Answer

When can I talk to my lawyer about my disability case?

How do I find a Social Security disability lawyer?

Should I hire a Social Security disability attorney?

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 …

Do I need an attorney or representative for a disability hearing?

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 ...

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How long does it take for SSDI to make a decision?

about 3 to 5 months
Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

What are the chances of getting approved for disability?

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.

How can I speed up my disability case?

Here are some more ways to speed up your disability application.
  1. Requesting an OTR Decision. ...
  2. Requesting an Attorney Advisor Decision. ...
  3. Compassionate Allowances List. ...
  4. Terminal Illnesses. ...
  5. Presumptive Disability. ...
  6. Dire Need. ...
  7. Military Service Members. ...
  8. Contacting a Member of Congress.

Does SSDI send investigators?

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 is the hardest state to get disability?

Oklahoma
Oklahoma 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 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.Dec 16, 2021

How can I survive waiting for disability?

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)Mar 2, 2021

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)
An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

Why is my SSDI decision taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied. It doesn't mean that your case is over and that you should give up.Jan 30, 2020

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.
  • “I can't work because no one will hire me.” ...
  • “I don't know why I'm here. ...
  • “I don't do chores because my significant other, friend or family member does them.” ...
  • “I have never used drugs or alcohol in my life.”
•
Oct 17, 2014

Does SSDI monitor your bank account?

On the other hand, if you receive disability benefits through the Social Security Disability Insurance (SSDI) program, the SSA won't check your bank account. Individuals qualify for SSDI based on their work history. Claimants who receive SSDI or SSI will be subject to ongoing eligibility reviews.Dec 31, 2020

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

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 for SSDI?

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.

How long do you have to appeal a disability claim?

If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.

Do I need a lawyer to file for SSDI?

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.

Do disability lawyers get paid?

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.

Can a disability lawyer file for SSDI?

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.

How long before a disability hearing can you speak to a client?

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.

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 a hypothetical disability hearing?

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 .)

What to do if your SSA does not meet the listing?

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.

How to prove you are not sedentary?

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.

How to win a disability claim?

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 .)

What does a legal professional do for disability?

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.

What can a disability attorney do?

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.

Why are disability attorneys reluctant to assist?

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.

What does an administrative law judge do?

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.

What to do if you are not able to work?

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.

What happens if you lose your disability case?

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.

What happens if a disability is not approved?

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.

What to do if you are denied a disability?

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.

What to do if SSA denies SSDI?

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.

How long does it take to get a disability hearing?

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.

How long do you have to appeal a disability claim?

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.

What is disability advocate?

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.

What to do if you don't get approved for disability?

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.

What to expect at a disability hearing?

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.

What happens if the SSAC denies your claim?

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.

What is SSD lawyer?

An SSD lawyer can handle any aspect of the claims process, from preparing your initial claim to appealing a denial.

What is a disability advocate?

A disability claim advocate will handle every aspect of the SSDI claims process, from the initial application through the full appeals process, if necessary.

Who can assist you with your disability claim?

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?

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