when do you need a lawyer for social security disability

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.

Full Answer

Do I need a disability lawyer?

This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements. Whether or not to seek such help is a personal decision and depends on your individual circumstances.

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.

Where can I get a Social Security disability attorney?

Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation.

When will my attorney speak to me before my disability hearing?

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.

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 long must you be disabled before you receive your first Social Security disability payment?

five full monthsUnder the law, your payments can't begin until you've been disabled for at least five full months. Payments usually start with your sixth month of disability.

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 do you decide if you should go on disability?

If all of the following apply to you, you should file for disability benefits.You have a mental or physical condition that is severe.You expect your medical condition to last for at least a full year, or longer.Your condition is severe enough that it prevents you from doing a substantial amount of work.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

How much back pay will I get from SSDI?

12 monthsIf your claim is approved 24 months after application, your will be entitled to 12 months of Back Pay (even though a 24 month waiting period less a 5 month waiting period is 19 months, the limit for Back Pay is 12 months).

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

What you need to know when you get Social Security disability benefits?

The name, Social Security number, and date of birth or age of your current spouse and any former spouse. You should also know the dates and places of marriage and dates of divorce or death (if appropriate). Names and dates of birth of children not yet 18 years of age.

What qualifies as a disability?

Disability is the umbrella term for any or all of an impairment of body structure or function, a limitation in activities (the tasks a person does), or a restriction in participation (the involvement of a person in life situations).

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

What should you not tell a disability doctor?

For example, if you are being examined for a medical condition, you should not tell a doctor you have pain everywhere, or your level of pain is 10 out of 10 for everything if your daily activities are not consistent with this level of pain.

How difficult is it to get disability?

But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year. In other words, less than one-third of initial claims are approved.

How long does it take for a lawyer to resolve a case?

However, it's important to remember that a lawyer's attempts to expedite a case are often unsuccessful, and that most claimants, including those represented by legal counsel, must wait many months or even years for their case to be resolved.

What to do if you think you won't be able to work for a long time?

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.

Is it worth hiring a disability lawyer?

The benefits of hiring a disability lawyer are many, and worth going over in some detail. It's also important to consider at what stage of the process an attorney should get involved.

What is Social Security Disability?

Despite its similarity to Social Security insurance, Social Security Disability or SSD/SSDI is not the same thing. Social Security Disability Insurance is a federal program for any adults who previously worked, but now cannot work because of one or more disabilities.

How Do You File for SSD in New York?

Even with an attorney, filing for SSD correctly can be tricky. But it’s also important, as filing for SSD incorrectly can lead to delays in benefits and financial hardship. To file for SSD in New York:

Requirements for Social Security Disability Insurance in New York

Since SSDI is a federal program, qualifications for New Yorkers are not necessarily different from those in other states.

Benefits of Filing for SSDI with an Attorney

Although attorneys aren’t necessary to file for or even be approved for Social Security Disability insurance, it’s often a wise idea to contact a lawyer anyway.

Contact a New York SSD Lawyer

Sobo & Sobo have many years of experience assisting Americans with SSD/SSDI applications. With their expertise and drive to win each of their cases, they can help all of their clients receive the maximum potential benefits possible from the SSDI program, as quickly as possible. Contact them today for more information.

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 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 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 .)

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 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 .)