when filing for disability should i hire a lawyer

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 states are hardest to get disability?

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 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.”More items...•Oct 17, 2014

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

The Waiting Game

Filing for Social Security disability benefits is a three-step process:

Why Wait?

Why will a hearing change anything when you’ve already been rejected twice? There are a few reasons to stay positive through the rejections and press on toward the hearing:

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to have an ALJ?

This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.

What is the most important factor in winning a Social Security claim?

The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.

What is a vocational expert?

Vocational experts (VEs) are experts hired by the SSA to testify at hearings about what work they think applicants can do in light their medical conditions. At the hearing, the ALJ will pose a series of questions to the VE called "hypotheticals." These questions use the applicant's documented symptoms to see what kinds of jobs an applicant can do. If the VE testifies that a claimant can still work, the ALJ will almost always deny the claim.

Why are disability attorneys more likely to win?

Attorneys with disability claim experience are more likely to win because they have the skills needed to win a case or an appeal. They have learned how to work through the entire disability claim process correctly to avoid difficulties or bumps in the road.

Why don't doctors help with disability?

Many times doctors do not want to help disability applicants because they are not sure how the disability process works, or they don’t want to help, or they might be too busy to fill out forms.

Should I hire a lawyer for disability?

Now that you know more about the benefits of hiring a lawyer for disability claims, you can make an informed decision about whether you need one or not. Chances are that having a lawyer in your corner will help you in more ways than one, especially when you are not familiar with the disability laws or are not sure how to navigate the court system.

Benefits of hiring a lawyer prior to filing your SSDI application

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.

When should I NOT hire a lawyer for your SSDI application?

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 I need to hire a lawyer if SSDI application is denied?

Claimants who hire disability lawyers generally do so right after they have been denied SSDI benefits the first time. If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

Can I file a Social Security claim on my own?

The first is that you will not be on your own when it comes to dealing with the Social Security Administration, which can be a difficult organization to deal with. Your attorney will file the claim for you, and make sure you apply to all the programs you may be entitled to. An example of this is when I take a case where ...

Can I file for disability on my own?

Many people file an application for Social Security Disability benefits on their own, and only contact an attorney after being denied. As an attorney that handles Social Security Disability claims, I encourage people to hire a lawyer at the beginning of the process, rather than after being denied once or twice.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

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.

Why hire a disability lawyer?

One of the benefits of hiring a Disability lawyer is not having to worry about schedules or filing deadlines. A lawyer will handle whatever comes down the pike and keep you up to date.

What to do if your disability is denied?

If your claim gets denied, a seasoned attorney can identify the problem and work to overcome it.

What is the acronym for Social Security?

Not to mention, all those acronyms: SSA, SSI, SSD, CE, VE, ME, SGA, SSA, ALJ. Understanding the Social Security Disability system is like trying to decipher a secret code. It’s best left to a well-versed Disability lawyer.

How many pages are needed to file for disability?

Skip the painstaking paperwork. To apply for Disability benefits, you will be required to submit about 40 pages of forms filled with information about your medical condition, education, work history, limitations and capabilities.

Is the Social Security disability system backlogged?

By hiring a Disability lawyer, you will not have to wait in long lines at your local Social Security office or get stuck on hold waiting to talk to a government worker . In fact, you may never have to leave your home or deal with the federal government at all.

What happens if you are denied a disability?

If your Disability application was denied, there’s a good chance you will end up having a Disability hearing before an Administrative Law Judge (ALJ.) While this can be a very nerve-wracking experience for a claimant, it’s a Disability lawyer’s time to shine. A savvy Social Security Disability lawyer will fully prepare you for the hearing, skillfully question the expert witnesses, and make the appropriate legal and medical arguments to the judge. Hiring a Disability attorney could make the difference between winning and losing your Social Security Disability appeals hearing.

What is McDonald's Disability?

Hiring a Disability lawyer at McDonald Law Firm means you will get aggressive, legal representation from the word go. Because the Disability process can take a long time, our team won’t waste any time getting started on your claim. Regardless of whether you want to apply for the first time or appeal a denied claim, we can help you. Our goal is to get you the maximum amount of benefits as quickly as possible. Call us today at 855-702-9061.