when should you contact a lawyer for ssd or ssi

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.

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.

When can I talk to my lawyer about my disability case?

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 contact with the law firm may be with paralegals or administrative assistants.

Can a Social Security disability attorney help you get medical records faster?

While a social security disability appeal lawyer might help you get medical records faster, they usually charge you. Once you get your medical records, you must review them to see if they are incomplete. Make sure you have hospital records, prescriptions, and medical bills related to your disability.

Do I need an attorney or representative for a disability hearing?

Though an attorney or representative is not required in a disability claim (with an appeal to federal court being the exception), attending a hearing before a judge without the assistance of a disability attorney or non-attorney representative can result in a lost opportunity to win disability benefits. (Here's why.)

Is it easier to get SSI or SSD?

SSDI is the easier of the two to apply for, and you can do so online at www.socialsecurity.gov. SSI is slightly more complicated, so you'll need to apply in person at your local Social Security office or over the phone.

Which one pays more SSDI or SSI?

In general, SSDI pays more than SSI. Based on data from 2020: The average SSDI payment is $1,258 per month. The average SSI payment is $575 per month.

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.

Can you get both SSD and SSI?

Can I get both SSDI and SSI? Yes, you can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) at the same time. Social Security uses the term “concurrent” when you qualify for both disability benefits it administers.

What conditions automatically qualify you for SSDI?

What Conditions Automatically Qualify You For Social Security Disability?Cancers (advanced stages)Cardiovascular system disorders (chronic heart failure)Neurological disorders (ALS, multiple sclerosis)Early-onset Alzheimer's disease.Musculoskeletal system (spinal disorders)Organ transplantation.Parkinson's.More items...

How long does it take to get SSI Once approved?

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 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...•

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.

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.

How does SSDI calculate back pay?

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.

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 I need a SSDI attorney?

The road to being approved for disability benefits is a long one filled with hard-to-understand rules and procedures, frustrating government red-ta...

How do social security lawyers help people get approved for benefits?

With limited federal funding available for Social Security Disability benefits, the approval process is designed to weed people out rather than wel...

How much does it cost to hire a social security disability lawyer?

Lemoine Law Firm social security disability lawyers work on a “contingency fee” basis. You don’t owe anything unless and until they win your case....

What should I know about social security disability insurance?

Most people assume that social security disability insurance (SSDI) is something that only “elderly people” get. This is because, for the most part...

What are the requirements for social security disability?

Most Americans know that there are government Social Security and Disability programs for those unable to work due to injury or illness, but very f...

Should I apply for Social Security Disability Benefits?

We’ve all heard of social security and disability support. We all know about the checks that get mailed to people who are hurt or who are unable to...

When should I contact an SSI attorney?

You should contact a social security attorney before you file for benefits to discuss whether or not it is a good time for you to apply. If you and...

What programs does Social Security have to protect disabled individuals?

Disability insurance benefits (DIB) and it is basically like an insurance policy. You are covered when you have paid in enough credits obtained thr...

How much can I draw?

With respect to social security disability you can draw up to approximately $2,600 a month for wage earners and additional amounts for dependents s...

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.

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.

Can a claimant file a lawsuit without an attorney?

Without an attorney, it's difficult for a claimant to do this successfully. In addition, your lawyer will likely be familiar with how the particular judge likes to run hearings, and will be able to present evidence according to what the judge likes—and does not like—to hear.

Does disability affect Social Security?

While the severity of your disability doesn't affect the amount of money you get, the date that Social Security thinks you became disabled does matter.

What can an attorney do for social security?

If you and your attorney determine that you should file for social security benefits, your attorney can, among other things, assist in filling out your paperwork, make arguments on your behalf and obtain medical and other evidence that will increase your chances of being approved quickly.

How long do you have to pay Social Security disability?

Unlike Social Security retirement benefits, the credits must generally be paid in during a ten-year period before you become disabled.

Can you receive inheritance and SSI?

Receiving SSI and inheritance money at the same time may not be allowed, depending on the amount you have inherited. However, receiving an inheritance most likely won’t affect your ability to receive Social Security Disability. READ MORE ».

Do younger people collect Social Security?

Sometimes, however, younger people collect social security too. Social Security Disability Insurance (SSDI) is a fund to help people who are under the age of 65 and who have been injured or disabled and are unable to work. READ MORE ».

Do you have to pay in any credits to qualify for SSI?

The second program is the Supplemental Security Income program (SSI). This is a needs-based program. You do not have to pay in any credits to qualify. You must, however, establish income and resource (asset) eligibility.

Do older people get disability insurance?

Most people assume that social security disability insurance (SSDI) is something that only “elderly people” get. This is because, for the most part, social security disability insurance is intended to help supplement the income of elderly and retired people. Sometimes, however, younger people collect social security too.

Can a disability lawyer do a hearing?

No. In fact, it is a common misconception that a disability lawyer can do this. In some cases, a lawyer can, for a case that is at the hearing level, ask for an expedite based on dire financial need, but this does not happen much due to the extreme backlog of disability cases at hearing offices.

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

What can an attorney do to prove a disability?

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.

How to prove you are not capable of sedentary work?

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.

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

What is an initial interview with an attorney?

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, ...

Can you testify about your disability?

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.

Can an attorney represent you?

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.

Can an attorney judge you?

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.

Do legal professionals get paid?

Legal professionals get paid only if you win, so they do what they can to give you the best chance of winning. Updated By Bethany K. Laurence, Attorney. If you're considering filing a Social Security disability claim because you find it hard or impossible to work, or you've already filed a claim and been denied, ...

Do I need an attorney for disability?

Though you aren't required to have an attorney in a disability claim (with an appeal to federal court being the exception), attending a hearing before a judge without the assistance of a legal professional can result in a lost opportunity to win disability benefits. ( Here's why .)

Is a disability claim denied at the initial claim level?

Statistically, the vast majority of Social Security Disability (SSDI/SSD) and SSI claims are denied at the initial claim and reconsideration levels, whether or not a disability claimant ( applicant) is represented by an attorney (or nonattorney representative).

Can I afford a disability lawyer?

Most disability claimants think they can't afford a disability lawyer or law firm, but a lawyer can charge you only if Social Security approves you for benefits, at which point the lawyer's fee is taken out of the back payments that Social Security will owe you.

Do you have to go to an ALJ hearing for SSDI?

For this reason, most SSDI and SSI claims will need to go to a hearing in front of an administrative law judge (ALJ) before a claimant can hope to receive disability benefits. It is at the level of an ALJ hearing that having a disability attorney can really help win a claim.

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 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.

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.

What happens if a disability case goes to a hearing?

If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.

Why is the Social Security system receiving more claims than ever before?

This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.

Why is Social Security put on notice?

3. Social Security will be put on notice to notify your representative of everything that happens on your case, helping to ensure that everything proceeds properly.

Do people benefit from filing a claim?

Answer: some individuals will clearly benefit from doing so, especially if the thought of filing a claim makes them anxious to the point that they would not get the process started. There are other examples of this type of anxiety at work.

What is required for SSD claim?

SSD claims are highly technical and require: A comprehensive investigation of your medical records. Familiarity with Social Security laws and regulations. Experience giving testimony to an administrative law judge (ALJ) The capability to cross-examine medical and vocational witnesses.

How to win a Social Security Disability claim?

No matter what Social Security Disability lawyer you hire, they will need your participation and cooperation to win your claim. The more you can do to help your claim, the better. Ask at your initial meeting what you can do to help increase the chances that you will win. The attorney might suggest gathering certain documents, getting regular medical treatment, and following the medical advice of your physician. Be willing to follow the suggestions of your attorney.

How to contact Joyce and Bary Law?

Schedule your Social Security Disability consultation today. Call Joyce & Bary Law at (540) 613-5090 & (866) 257-0909. You can also use our convenient online contact form.

How long does it take to get a disability case resolved?

Most SSD claims take more than a year to resolve, and some claims drag on for almost a decade. During that time, you’ll need to place a lot of trust in your SSD attorney. Here are 10 questions you should discuss with your Social Security Disability ...

What are the conditions that affect SSD?

You would expect that your Social Security Disability lawyer and judges understand common conditions like degenerative disc disease or severe depression, as well as the limitations that these conditions place upon clients. If your injury or medical condition is not quite as common as others, you will want to ensure that the SSD attorney you hire understands and is familiar with your condition. If not, you may lose your claim by not representing it wholly and accurately. Your case needs to show how your medical or health condition is affecting your ability to work for a living.

What are the tools available to an attorney?

The tools available to your attorney include: Medical Source Statements: A MSS completed by a treating medical source will provide functional limitations resulting from your severe impairments. Expedited hearings: If you have a terminal illness or are a wounded warrior, you might be entitled to an earlier hearing date.

Can an attorney who does not understand how certain factors such as age, medical condition, and work experience impact your case answer

They simply do not have the focus and experience that other attorneys who narrow their practice have. Using an attorney who does not understand how certain factors such as age, medical condition, and work experience can impact your claim can be detrimental to your case.

What to do if the SSA denies your appeal?

If the SSA denies your reconsideration appeal, you must request a hearing with one of their official hearing offices. The SSA then sends your case to the office serving your area and sets up a hearing date.

What to do if you don't get approved for disability?

If you don’t get approved for disability benefits, you owe us nothing. If you would like to apply for SSI or SSDI benefits with an advocate, call us 201-720-1434 or fill out our online form for a free evaluation of your claim.

How can a disability advocate help you?

How a Disability Advocate Can Help You With Your Appeal. Instead of hiring a lawyer for your social security disability appeal, consider getting an advocate. Unlike social security disability appeal lawyers, advocates have specialized knowledge of disability rules. In fact, disability advocates must be certified by the SSA to represent claimants.

How long do you have to appeal a disability claim?

If the SSA denies your initial application for benefits, you need to submit an appeal 60 days after your denial. You can do this online or through the mail. During your appeal, the Social Security office lets a different examiner review your application. If this examiner determines that the first reviewer made a mistake, they approve your appeal. Applications denied in this step must apply for a disability hearing to argue their case in front of a judge.

How long does it take to get a disability hearing?

Usually, this part of the disability benefits application process takes the longest. Some claimants must wait upwards of two years in some states to get a hearing.

What happens if the SSAC denies your claim?

After this review, if the SSAC denies your claim, you have the option to file a lawsuit in U.S. District Court. However, very few claims ever make it this far.

What happens if a Social Security claim is denied?

If your claim gets denied by the judge during your hearing, you can request a review from the Social Security Appeals Council. The council reviews your case to see if the judge decided your case correctly. If they decide to review your claim, they either make a final decision or send it to another judge for review. After this review, if the SSAC denies your claim, you have the option to file a lawsuit in U.S. District Court. However, very few claims ever make it this far.