when to contact a lawyer in the ssi process

If you or a loved one are 65+ years old, blind, or disabled, Drummond Law is ready to help make the Supplemental Security Income

(SSI) process easier for you. You need the help of an SSI lawyer to safeguard your rights at every step—from the beginning of the enrollment process to any issues with denial of benefits and beyond.

Full Answer

Do I need a Social Security disability attorney to apply?

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.

What is it that SSI lawyers do?

Aug 04, 2020 · Many people contact a lawyer only after being denied social security, but our firm believes in preserving your time from the start. If a disability is affecting your ability to pay bills and other essential expenses, it’s critical that you start receiving benefits as soon as possible, and our involvement can help you avoid a potentially lengthy appeals process.

When should I call a disability attorney?

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.

How do I check the status of my SSI appeal?

Supplemental Security Income (SSI) is a federal program that provides monthly cash assistance to over 8 million Americans today. If you are over the age of 65, blind, or disabled, with resources below a certain limit, you may be eligible for SSI benefits.

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.Jan 7, 2013

Can you speed up SSI process?

Social Security has a program called TERI that allows the agency to expedite applications when the applicant has claimed a terminal illness or a condition that is usually terminal. If you have a terminal illness, make sure you submit your medical records with your initial application to speed up the process.

How long does it take SSI to review your case?

* How long does it take to make a decision? Generally, 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 are the chances of getting approved for disability?

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.

Why is SSI taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

Who makes the final decision on Social Security disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What does it mean final review to make sure that you still meet the non medical requirements for disability benefits?

Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.Jul 31, 2018

What is step 4 of disability process?

Step 4: Can severely impaired applicants work in their past jobs? At this step, the DDS considers whether an applicant's residual functional capacity ( RFC ) meets the skill and task requirements of his or her past relevant work.

What is the most approved disability?

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.Dec 16, 2021

Why would SSI be denied?

Here are 5 of the most common SSI denial reasons: You didn't return all the necessary forms to the SSA. Your medical conditions would not last at least 1 year. Your assets or income are over the limit.Oct 6, 2021

Which is harder to get SSI or SSDI?

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.Mar 25, 2016

How long does it take to appeal SSI?

The notice will tell you how to appeal. If you file an appeal within 10 days of the date you receive your notice, your SSI benefits may continue at the same amount until we make a determination on your appeal. The notice will tell you if you are entitled to continued benefits.

How long do you have to file a court action?

You may want to contact a lawyer or a legal aid group to help you. You must file an action in U.S. District Court within 60 days after you receive the notice of Appeals Council action.

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

If for any reason you cannot make it to your hearing, contact the hearing office in writing, as soon as possible before the hearing, but not later than 5 days before the date set for the hearing or 30 days after receiving the notice of hearing, whichever is earlier, and explain why you cannot attend.

What are the levels of appeal?

The levels of appeal are: Reconsideration; Hearing; Appeals Council Review; and. Federal Court.

How long does it take to get a hearing decision?

We consider that you receive the hearing decision 5 days after the date on the hearing decision. The Appeals Council will examine your case and will grant, deny, or dismiss your request for review.

What happens if the Appeals Council issues a decision?

If the Appeals Council issues a decision or denies your request for review of a judge’s decision, and you disagree with the action of the Appeals Council, you may file a civil action with the U.S. District Court in your area. We cannot help you file a court action.

How long do you have to submit a subpoena to a judge?

You (or your representative, if you have one) must inform the judge about or submit all written evidence, objections to the issues, and pre-hearing written statements no later than 5 business days prior to the scheduled hearing and must submit subpoena requests no later than 10 business days prior to the hearing.

How to contact Social Security Administration?

For more questions regarding your eligibility, the amount of benefits that may be paid to you, what documents you’ll need, and how you can appeal a decision made by the Social Security Administration, contact us today at 570-503-6255 or e-mail us.

What is SSI disability?

SSI makes monthly payments to disabled individuals. The SSI program is a “need-based” program rather than an insurance program like SSD. Thus, in order to qualify, you must have limited income and resources (things you own).

How much do you have to make to qualify for SSI?

However, in order to qualify, you must have a disability that meets the criteria established by the Social Security Administration: You are not making more than $1,260 per month (for 2020);

What is the first 20 of most income received in a month?

the first $20 of most income received in a month; the first $65 of earnings and one–half of earnings over $65 received in a month; the value of food stamps; income tax refunds; assistance based on need funded by a State or local government; small amounts of income received irregularly or infrequently;

How much is a burial space worth?

burial spaces for you or your immediate family; burial funds for you and your spouse, each valued at $1,500 or less ; life insurance policies with a combined face value of $1,500 or less; one vehicle, regardless of value (if it is used for transportation for you or a member of your household);

Can I still get Social Security Disability if I don't fit in?

If you don’t fit within SSI’s financial qualifications, you may still qualify for Social Security Disability Insurance (or “ SSDI “). You should consult an SSDI attorney to discuss whether you may qualify. For more information about what SSI is and whether or not you’ll qualify, refer to the following.

Does a receipt of income preclude SSI?

loans to you (cash or in–kind) that you have to repay; money someone else spends to pay your expenses for items other than food or shelter (for example, someone pays your telephone or medical bills) Receipt of income does not necessarily preclude SSI eligibility.

What to do if you have a Social Security case?

Represent you before an administrative law judge (ALJ) should your case require a hearing. File a lawsuit on your behalf to obtain the benefits to which you are entitled. Be right by your side when dealing with the Social Security Administration.

How to file for SSI?

There are many benefits to getting one of our attorneys involved in the complicated SSI process as soon as possible. At the Drummond Law Firm, we will: 1 Determine whether you are eligible for SSI benefits, as well as any other programs 2 Help you properly fill out the paperwork, positioning you for the best chance at approval 3 Interpret the complicated language of the forms and ensure you understand all pertinent information about your claim 4 Gather and submit supporting documentation and medical records regarding your condition 5 File an appeal on your behalf if your application is denied 6 Represent you before an administrative law judge (ALJ) should your case require a hearing 7 File a lawsuit on your behalf to obtain the benefits to which you are entitled 8 Be right by your side when dealing with the Social Security Administration

How much is the SSI payout for 2020?

The payout amount varies from year to year, but the maximum monthly payment to claimants in the year 2020 is around $783 for an eligible individual and $1,175 for a couple.

What is considered a disability on Social Security?

The individual has a medical condition that meets the Social Security Administration’s definition of a disability – commonly approved disabilities include muscular dystrophy, intellectual disabilities, low birth rates, HIV, and other conditions. The individual is not able to do the work that they did before they became disabled.

How long does a person's disability last?

The individual is not able to adjust to other work because of their medical condition (s) The individual’s disability is expected to last for at least one year or be terminal.

Is SSI based on age?

Unlike Social Security Disability in which you need to earn work credits through FICA payroll tax contributions, SSI is funded by general fund taxes and not from the Social Security trust fund; therefore, eligibility for benefits is based on disability, age, assets, and income . To enroll in SSI, you or a loved one must qualify as the following:

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 there so many fields of law?

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 ...

Can you put a price on peace of mind?

You can’t put a price on peace of mind, but it will feel good knowing that you are in good hands when you trust our team of professionals at National Disability Benefits. We can provide you with the help that you need to get the approval that you deserve.

Accuracy

With Affleck & Gordon, we make sure we conduct a thorough intake consultation with our clients to provide as much clarity as possible regarding what the SSA expects from a claimant to have their claim approved. When you begin your SSI claim, you have several options. You can file your claim online if you meet certain categories.

Communication

One of the greatest benefits of having a lawyer for SSI on your side is that we’ll communicate as a team with you and the SSA, and the SSA will also contact your legal team throughout the process at all times. We’ll also communicate with you every step of the way.

We Know the Law

It’s often said that “you don’t know what you don’t know.” At Affleck & Gordon, we know the law and the intricacies that could trip up your claim. We know the right documents needed to support your claim so that you are more likely to receive the appropriate benefits for your disability.

We Fight For You

Simply put, the Social Security Administration may move quicker when they see that you have legal representation. They understand that legal teams take on cases deemed winnable, and that the best SSI lawyers will fight to win on behalf of their clients.

Who Are We?

We’re Affleck & Gordon, and we’re a firm dedicated to assisting disabled and injured people in Georgia. Tens of thousands of our clients receive Supplemental Security Income and Social Security Disability Insurance (SSDI) with our team on their side.

What does an attorney do for Social Security?

Communication: An attorney can keep track of the status of your claim, alert you to any requests for new information, and speak with Social Security Administration (SSA) representatives on your behalf to answer questions that may arise regarding your application.

What is the process of hiring a disability attorney?

If you hire a Social Security Disability attorney to help with your claim, he or she will guide you through the following process: Preparation: Preparing your claim, which will include gathering documents and other required information is an essential part of the claims process.

How does the SSA determine if a worker has worked long enough to receive benefits?

The SSA determines whether workers have worked long enough to receive benefits by calculating the amounts they should receive and converting their earnings into work credits. A worker can earn four credits for a year of work, depending on his or her yearly income (one-quarter of coverage, or QC) changes every year. In 2017, a worker will earn one work credit for every $1,300 of wages or self-employment income. However, when the worker earns more than $5,200, they are capped for the year as he or she received four credits. The formula for this number is complicated, but it is recalibrated annually and never decreases.

How many years of work before disability?

Eligible applicants include those who have worked a total of at least five of the 10 years before developing their disabilities.

How long do you have to be married to receive disabled widower benefits?

The widow or widower is required to have been married to the deceased for a minimum of 10 years.

What happens to Social Security if a parent dies?

If a parent dies, their children may be entitled to receive benefits to compensate for the financial loss. Unmarried children may collect benefits after a parent’s death if they are: Younger than 18.

What to do if your claim is denied?

Your attorney can respond on your behalf to any questions posed by the claims examiner during this stage. Hearing: If your claim is repeatedly denied, or if you do not agree with the results, the next step is to request a hearing by an administrative law judge.

How to file for Social Security?

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 ...

Can I file for SSDI if I don't have enough work credits?

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 ...

Can you request a status update on SSI?

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.

How do I apply for SSI?

You can apply for SSI benefits by: Visiting our Apply Online for Disability Benefits website to start the disability application process online. You may be eligible to apply for SSI through the online disability application. Calling us at 1-800-772-1213 (or TTY 1-800-325-0778 if you are deaf or hard of hearing) and making an appointment ...

When does SSI end for disabled youth?

If you are a disabled youth in foster care, eligibility for foster care payments in most States ends when you attain age 18. You may need the income support and health services that result from SSI eligibility to ease the transition to independent living.

Where can I get a copy of my case file?

You or your appointed representative may request and examine or get a copy of the information in your case file. Also, you or your representative may access www.ssa.gov/ssi/ssi-law-regs.htm to review and copy the laws, regulations and policy statements used in deciding your case.

Can I file for unemployment benefits earlier than 60 days?

We cannot pay benefits for time periods earlier than the effective date of your application. If you call us to make an appointment to apply and you file an application within 60 days, we may use the date of your call as your application filing date. If you do not keep this appointment and you do not contact us to reschedule the appointment, ...

Appeals Process

• You can appeal most determinations and decisions we make about whether you can get Supplemental Security Income (SSI) or if we make changes to your benefit amount. That means you can ask us to look at your case again. When you ask for an appeal, we will look at the entire determination or decision, even those parts that were in your favor.

See more on ssa.gov

How to Appeal Social Security Determinations and Decisions

Initial Determination

Reconsideration

Hearing

Appeals Council

Federal Court