Perhaps the only time you should refrain from calling a lawyer is when you have submitted your initial application to Social Security and are awaiting an answer. There is rarely much your attorney can do at this point, so there's little sense in agreeing to pay an attorney 25% of your past-due benefits until you get a denial.
The initial disability application for social security disability insurance (SSDI) and supplemental security income (SSI) can take up to a year for approval, although most initial applications are decided upon within 3 to 6 months. Most initial applications – about 70% – are denied.
On the initial application, your lawyer can offer advice on your " alleged onset date " of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security.
The SSA will also ask you: If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online. IMPORTANT: Did you have an unexpected/abrupt accident or illness?
Perhaps the only time you should refrain from calling a lawyer is when you have submitted your initial application to Social Security and are awaiting an answer. There is rarely much your attorney can do at this point, so there's little sense in agreeing to pay an attorney 25% of your past-due benefits until you get a denial.
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.
Out of those millions of applications received by the Social Security Administration, only thirty percent are approved at the initial level of the disability claim process. Why are so many Social Security Disability claims denied?
SSD Benefits – 7 Tips for First Time ApplicantsYou can apply for benefits as soon as you become disabled. ... You need medical documentation of your disability. ... You must have worked enough quarters to qualify for benefits. ... There are no income or resource limits. ... Your application will most likely be denied.More items...•
five monthsGenerally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.
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.
OklahomaOklahoma 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.
Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.
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. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.
Conditions that qualify for SSDI and SSI include:Cardiovascular System. Conditions of the heart, such as High Blood Pressure, Heart Failure and Blood Clots.Digestive System. ... Endocrine System. ... Genitourinary Impairments. ... Hematological Disorders. ... Immune System Disorders. ... Malignant Neoplastic Diseases. ... Mental Disorders.More items...•
Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.
SSDI backpay is always paid as a single lump sum. How much backpay you'll receive depends on your disability onset date, your application date, and the date you were approved for benefits. In addition to your backpay, you'll also be entitled to monthly SSDI payments.
How can I stay afloat while waiting for Social Security benefits?Tip #1: Work While Waiting For Social Security Approval.Tip #2: Apply for Other Types of Support While Waiting For Disability.Tip #3: Find Other Sources of Support or Financial Assistance.BEWARE:More items...•
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...
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.
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.
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.
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.
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.
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.
When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.
The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.
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.
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.
When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...
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.
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 if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.
You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.
Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.
Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.
If you apply for Social Security disability insurance (SSDI) benefits, one of the main forms you'll need to fill out is the Application for Disability Insurance Benefits, Form SSA-16-BK. If you apply online, you'll just answer questions in an online interview and Social Security will fill out the form for you.
The date of disability is usually considered to be when your medical condition started to make you unable to do your job effectively. If you have never thought about when you became disabled, sit down with a calendar or talk with friends or family to jog your memory about the history of your disability.
1. Ideally, you should have already been out of work for five months or more when you apply for SSDI.
(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)
If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online.
If a sudden disability makes working obviously impossible on a short-term basis, you may be exempted from the five-month rule. The SSA will estimate how long your inability to work should last based on your medical diagnosis. If it’s one year or longer, you may still qualify for disability benefits. 2.
A doctor must medically diagnose you with a condition expected to last at least 12 months or result in death. Do not apply for disability benefits until your doctor confirms that your condition meets the SSA’s internal definition of “disabled.”.
Disability Secrets for Getting Your SSDI Benefits Claim Approved. Getting approved for disability benefits isn’t easy, especially if your condition isn’t visibly severe or terminal. But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program.
If your spouse dies while getting SSDI, any of the deceased’s dependents may qualify for those benefits going forward.
Step 1: Start the SSI Application Process By Filling Out & Submitting Your Claim Paperwork to the SSA. When you start the SSI application process, there are three ways to file your claim with the Social Security Administration. Your first option is simply picking up the phone and calling the SSA office. The best time to do this is first thing in ...
If you don’t have enough work credits to qualify for SSDI, you must file a Supplemental Security Income (SSI) claim. While it’s tempting to send your application to the Social Security Administration immediately, you shouldn’t rush the SSI application process. Wiser applicants take time to ensure all required paperwork is accurate ...
But as long as you’re contacting the DDS instead of the SSA, it’s usually fine to request a status update. Your disability examiner usually knows what’s happening and can share information — even just to say they need more time. Plus, examiners annoyed by applicants asking for updates typically work on their claims faster to avoid additional future phone calls.