when should i get a lawyer for ssi

by Emie Harber 10 min read

Trusting an attorney to prepare your social security case is the right decision. But before choosing a social security disability lawyer, you must understand the costs and procedures. The best time to seek legal help is when you get an injury or illness that interferes with your work.

Hiring an attorney prior to submitting your application will increase your chances of approval and help you avoid the appeals process. A disability attorney or disability advocate will be familiar with the Social Security review process and the rules that govern eligibility.Feb 4, 2022

Full Answer

Do I need a lawyer to apply for Social Security disability?

Generally, if you have test results for a severe physical disability that seem to meet a listing, you might not need to hire a lawyer for the initial application, assuming you can fill it out competently on your own.

What is it that SSI lawyers do?

What Is It That SSI Lawyers Do? Supplemental Security Income, also known as SSI, is a federally funded program aimed at helping disabled, blind, or elderly Americans with the money needed to meet the needs of daily living in America.

Why should I hire a Social Security benefits attorney?

Statistics have shown that when an applicant uses a Social Security Benefits Attorney the claim is more likely to be approved. An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation.

When should I call a disability attorney?

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. While some people choose to navigate this stage without legal representation,...

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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%.

How long does SSI take to make a decision?

about 3 to 5 monthsGenerally, 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.

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 speed up my disability case?

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

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 happens after being approved for SSI?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter. As far as insurance is concerned, if you were approved for SSI, you will receive If approved for SSI, will receive Medicaid benefits automatically depending on the state you live in.

What is the hardest state to get disability?

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.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

Is it hard to get SSI?

According to government statistics for applications filed in 2018, many people receive technical denials: 45% for SSDI applicants and 18% for SSI. In that same year, approval rates at the application level based on medical eligibility alone were 41% for SSDI and 37% for SSI.

Why do you have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

How do you survive while waiting for disability approval?

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)

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

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 are the questions asked in a disability hearing?

You will be asked sensitive and personal questions about your medical condition. Commonly, applicants will be asked about their ability to sit and stand. The judge will likely ask you questions about your ability to accomplish common household tasks in order to get an idea of your physical abilities- can you carry in groceries, perform yard work, etc… How you answer these questions is important to your claim. For example, an applicant may be able to carry groceries in from their car but that does not mean they can work in a warehouse carrying boxes eight hours a day, five days a week. A lawyer knows how to answer questions in a way that will present your claim in the best possible light.

What happens if you don't provide information to your attorney?

You and your attorney are a team and must work together. Keeping good record of how your condition has affected your ability to work is paramount in determining the success of your case.

What to do if denied SSI?

If you have been denied SSI benefits in the past, but truly believe that you should qualify for them, you should consider hiring a professional lawyer to help represent your case. You do not have to already have been denied to hire a lawyer because a lot of people feel like they should already have a lawyer just in case they need one. It is never a bad idea to have a legal attorney fighting for your side. If you are looking for a quality SSI attorney that will represent you in an honest manner, you need to contact our team at National Disability Benefits. We can provide you with a free disability evaluation and a free case evaluation. It is our goal to help you get the benefits that you deserve, even though it can be a frustrating process.

What does SSI stand for?

Other folks do not even know what SSI stands for, let alone whether or not they qualify for it. SSI is an abbreviation for Supplement Security Income , which is a federal welfare program for the blind, elderly, or disabled.

Why are lawyers important?

Lawyers are one of the leading professionals you need to have around you. They are knowledgeable, intelligent, hardworking, and well-grounded to handle any legal issue. The law is as diverse as there are lawyers. There are various fields of law because the law seeks to regulate every activity of humans. That is why some lawyers delve into and specialize in Supplemental Security Income Law.The Social Security Administration manages Supplemental Security Income ...

How much does a lawyer charge for Social Security?

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). When we surveyed readers, we found that the average fee collected by Social Security lawyers was $3,750, much lower than the maximum (and even lower in SSI cases: $2,900).

How long do you have to wait to get a disability hearing?

And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

How much does it cost to hire a lawyer for a hearing?

Is hiring a lawyer for your hearing worth the money? In the survey of readers we did, the average attorneys' fee for those who hired a lawyer for the hearing was $4,600 (though more than half paid the maximum fee of $6,000). But the hearing is the last good chance you have of getting approved for benefits, so you may decide it's worth part of your backpay to hire the lawyer (and you don't have to pay if you don't win).

What to do if denied Social Security disability?

If you're denied at the application level, it becomes more important to hire a lawyer. Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.

How long do you have to wait to get a hearing?

If you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.

Do disability attorneys get paid?

Generally, because disability attorneys get paid on contingency (only if you win), they are motivated to track down important medical records and test results and talk to your doctors, or at least obtain detailed statements from them. (Often, doctors are more likely to respond to an attorney’s request for a supportive statement than to a patient’s request.)

Can a lawyer help with a disability?

If your medical records are insufficient, your lawyer could also help you arrange for a breathing test or ejection fraction test before you apply, so that you have a better chance of winning disability at the initial application stage. If necessary, a disability attorney can request that Social Security schedule (and pay for) an exam with a doctor or psychologist.

Do you have to worry about winning SSI?

We know the details of winning an SSI claim, so you don’t have to worry.

Do I need a lawyer for Social Security?

If the Social Security Administration needs additional forms filled out by you regarding your case, we’ll communicate with you regarding exactly what they’ll need when processing your claim.

Can an attorney help you with SSI?

There are many ways an attorney can help you win your SSI claim. And although you may be initially concerned that you may not be able to afford a lawyer to help you win your SSI benefits, in most cases Affleck & Gordon will only collect their fee if they win your case.

Can I file my SSI claim online?

When you begin your SSI claim, you have several options. You can file your claim online if you meet certain categories. You can call the Social Security Administration directly to make an appointment at an office near you. You may also go directly to the Social Security office without an appointment, but expect a longer wait time.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

How long did you have to work to get unemployment benefits?

Everyone who reached the age of 62 could apply for these benefits as long as they had worked at least ten years and had paid into the system.

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

Can an attorney anticipate an appeal?

Your attorney will also be able to anticipate the need for an appeal, and they will be ready to work on the case until you have the compensation that you deserve.

Is an attorney always user friendly?

However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the applicant and move the process ahead.

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