when should i talk to a disability lawyer

• At the Start of Your Claim Even if you are just starting to consider filing a claim for disability, you should consult with a disability lawyer to answer any questions ...
• What if My Case is on Appeal? If you filed your disability claim with Social Security on your own and you now have received notice that your claim has been ...
• What Can a Disability Lawyer Do for Me? The disability lawyer you appoint can: • Answer your questions and address your concerns regarding your case; • Assist you with completing ...
• How Much Does a Disability Lawyer Cost? The costs are fairly straightforward. Most disability lawyers have a free consultation where they evaluate your case. ...
• Contact a Disability Lawyer for Help Choose a disability lawyer who is experienced and knows what is required to win your Social Security disability case. ...

When to talk to a Social Security disability lawyer?

• Reconsideration. In a reconsideration appeal, your file moves on to someone else, not the person who made the original adverse decision. ...
• Hearing with an administrative law judge (ALJ). After the reconsideration, you still might not be happy with the determinations made in your case. ...
• Review by the Appeals Council. ...
• Filing a lawsuit in federal court. ...

How can I get a disability lawyer for free?

The benefits of hiring a disability lawyer:

• You get professional legal advice at all times.
• A lawyer will do most of the legwork after you fill out basic forms.
• Lawyers might know legal loopholes to help your case work out in your favor.
• You can have the support that comes from having someone who is on your side (even though that’s their job).

How much does a Social Security disability lawyer cost?

Social Security disability lawyers are paid a percentage of back-due benefits they win for clients. In our survey, the average amount lawyers received was $3,750. When people got an SSDI or SSI award after a hearing, the average fee was $4,600.

How much will I pay in SSDI attorney fees?

You won’t even pay a retainer when you choose an attorney or advocate to represent you throughout your Social Security Disability claim. The laws are rather specific for how Social Security disability lawyers are paid for representing clients. The fee is limited to 25% of the past-due benefits that you are awarded. That payment is capped at $6,000.

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.

When should you talk to a lawyer?

An incident of driving under the influence or domestic violence; accusations of any kind of criminal behavior, including white collar crime or tax fraud, should send you straight to your lawyer. If you don't have a lawyer, then your first call should be to someone you trust to help you find one.

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.

Do SSDI denials come faster than approvals?

To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•

How do they determine how much you get for disability?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

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 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.

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...•

Why do people get rejected for disability?

The application people submit requires detailed information about their medical history and the current injury that prevents them from working . Even though this process can seem straightforward, a Social Security attorney can help you fill out the required details easily to ensure that the application is done properly, and with the strongest facts of your case.

Can I file for disability if I am disabled?

If you are disabled and your long-term disability is a hindrance in your ability to work and make a living for your family, you should think of applying for disability benefits. Your disability attorney will collect the necessary information from you to file your claim the RIGHT way.

What happens if you can't work?

If you are unable to work due to pain, mental illness, or other problems that are not obvious or visual, the SSA must find you credible for you to be approved for benefits. The SSA will corroborate your reports of symptoms and difficulties with what your friends, family, and even doctors say. What you say and do must match up to your medical reports. For example, an applicant who files for Social Security Disability for carpal tunnel syndrome and being unable to use their hands should not be able to easily complete forms at the doctor’s office or be seen rapidly and easily texting on their cell phone.

What is a believable applicant?

An applicant who follows the advice of their physician and other healthcare team members and who has sought complementary therapies such as acupuncture along with diet or lifestyle changes is much more believable than one who is not following medical advice.

How to get a disability attorney?

An attorney in disability can provide the following services: 1 Prepare the initial application 2 Attend disability hearings 3 Attend reconsideration hearings 4 Collect the necessary medical evidence 5 Obtain medical opinion from doctors 6 Contest Social Security Administration decisions 7 Advise clients on the law 8 Prepare and draft legal briefs for the Administrative Law Judge 9 Examine and cross-examine witnesses 10 Examine and cross-examine Vocational Experts or Medical Experts 11 Attend appears before the Appeals Council or Federal Court

Why do I need a disability lawyer?

If you decide that you need a disability lawyer, it will also give you an opportunity to evaluate the competence and motivation of the attorney. Another benefit of choosing a lawyer early on (before the filing of an initial disability application) is that if your application is approved, your corresponding legal fees will also be lower.

How does legal representation help with disability?

Having legal representation will allow you to increase your chances of winning as your disability attorneys will evaluate the medical evidence, identify gaps, focus on the strengths, and avoid over-complicating the application.

How much does a disability lawyer charge?

Disability lawyers can charge legal fees equal to the lesser of either 25% of your disability backpay or $6,000. There may be no initial payment (or very little) and the lawyer will receive the legal fees when you win your case.

What is the impact of disability on a case?

In a disability claim, a crucial factor impacting the overall success of the case is to have the right medical evidence in support of a claim. Submitting too much evidence, irrelevant evidence, contradictory evidence, or other can certainly lead to the denial of an application.

Is it mandatory to have a lawyer for Social Security?

Having a lawyer is not mandatory. However, having an experienced lawyer who has seen many applications in the past and has dealt with the Social Security Office does bring value in structuring your claim in the best possible manner.

Can a disability lawyer help with a disability claim?

It’s not easy for a person and his or her family to go through a disability event. There may be many legal questions and confusion about the process, what are the disabled person’s rights and remedies, and so on. That’s when a disability lawyer can help clarify disability questions and help prepare a disability claim in the best possible way.

First steps

The first step in opening a disability claim is to complete an application for benefits with the Social Security Administration.

What do I do if my claim is denied?

It is not unusual for a disability claim to be rejected upon its initial review: Data shows that only about 35% of claimants are approved for disability when they first apply.

How can a social security lawyer help?

Many disability claimants give up after they receive a denial, which is unfortunate, as it is not unusual for a claim to be initially rejected. When a disability claim is allowed to progress to the point where it is heard before an administrative law judge, it is much more likely that it will be approved.

Can I afford a Social Security Disability Lawyer?

When you are unable to work due to an injury or accident, the idea of managing the expense of hiring a lawyer may seem impossible.

The takeaway

Retaining the services of a social security disability lawyer is your best option when you are going through the process of pursuing compensation for your disability. Contact the experts at Cochran, Kroll, & Associates in Michigan at 1-866-MICH LAW (1-866-642-4529) for your free consultation today.

FREE CONSULTATION NO FEES UNTIL WE WIN

There is no obligation for a case evaluation & no fee is charged unless a recovery is made.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

How to file a disability claim if you can't work?

The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

What does an attorney do during a subpoena hearing?

If so, your lawyer will handle the process of subpoenaing witnesses to testify on your behalf during the hearing.

What to do if your medical claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.