when i lose ssi should i hire a lawyer

You do not need to hire a SSDI

disability lawyer to represent you. Although, hiring a disability lawyer can improve your chances of a successful claim. There are many reasons why you should work with a SSDI disability lawyer.

Full Answer

Should I hire a Social Security disability lawyer?

The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case).

What are the pros and cons of hiring a Social Security Attorney?

What Are the Cons of Hiring a Lawyer? The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case).

How do I find a Social Security disability lawyer?

The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims. Once you've chosen someone to handle your case, you need to notify Social Security in writing.

What can a Social Security Attorney do for me?

Your representative can prepare you and any witnesses on your side to testify at a hearing before an administrative law judge, the second level in the appeals process, and can question expert witnesses that Social Security presents.

Can you lose SSI and get it back?

If your Social Security or SSI disability benefits were terminated because you started to work and earned too much money, you may eligible for "expedited reinstatement" if you stop making too much money. Expedited reinstatement (EXR) allows you to get your benefits restarted without having to reapply for benefits.

Why do people lose their SSI?

The most common reason for someone to lose SSI benefits is having too much income, either through working or receiving it in some other way.

How do I protect my SSI settlement?

One of the best options is to set up a special needs trust. This trust allows injured parties to keep settlement proceeds and keep their SSI benefits. The special needs trust can be used to cover services that are not covered by SSI programs such as transportation, nursing care, or therapies.

What are the odds of winning a Social Security disability hearing?

Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.

What happens if I lose my SSI?

If you lose SSI eligibility, you may lose Medicaid eligibility based on getting SSI benefits.

What happens when SSI is suspended?

If your benefit payments are suspended, they will automatically start again the month you reach age 70. If you change your mind and want the payments to start before age 70, just tell us when you want your benefits reinstated. Voluntary suspension begins no earlier than the month after the month of the request.

Can Social Security benefits be taken in a lawsuit?

Protected Social Security benefits This protection applies even if a company sues you, you lose the case and a court enters a judgment against you. The following benefits are protected from garnishment and bank levies thanks to federal law: Social Security benefits.

What is the difference between Social Security disability and SSI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

Does SSI monitor your bank account?

If you receive benefits through the federal Supplemental Security Income (SSI) program, the Social Security Administration (SSA) can check your bank account. They do this to verify that you still meet the program requirements.

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 many times can you appeal SSI decision?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

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 ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

Can I hire an attorney for disability?

Disability applicants who hire an attorney or advocate to handle their Social Security disability (SSDI) or Supplemental Security Income (SSI) disability claim are more likely to be approved than those who don't. The reasons for this are many, and knowing them may help you decide if hiring a legal representative is the right choice for you.

What happens if you claim Social Security?

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

How does the SSA work?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Where can I get SSA-1696 form?

Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

Does having a representative help with disability?

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.

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 can a disability lawyer do?

Working with a disability lawyer can help ensure that the medical information included with your initial claim tells a coherent, comprehensive, and compelling medical story that supports your claim for Social Security benefit without confusion or contradiction. Communication With the Social Security Administration.

What happens if my disability is denied?

If your disability claim is denied during its first review, you will enter the lengthy and complicated appeals process, which is when a qualified disability attorney can become even more helpful. It’s important to note the high likelihood that your Social Security disability claim will be denied on first review.

How many SSDI claims are approved?

The SSA reports that fewer than 30% of SSDI benefits claims are approved during their first reading. On your behalf, a Social Security lawyer will file your request for reconsideration, which grants your claim a second review.

Why is my Social Security disability denied?

One of the most common reasons for a Social Security disability benefits claim to be denied is that the application is simply insufficient or incomplete.

What is the appeal process for disability?

The appeals process is complex and contains several specific steps, all of which must be completed within specific deadlines. A disability attorney specializes in handling those details, so you can concentrate on collecting any additional medical information or documentation needed to make your appeal.

Do I have to pay an attorney for a disability claim?

It’s important to keep in mind that a Social Security disability lawyer does not get paid unless you win your disability case – you don’t have to pay an up-front attorney fee. If you do win your SSI or SSDI claim, your attorney will be entitled to 25% of the amount of your disability back pay, with a cap of $6,000.

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.

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.