when to get a disability lawyer

If you or someone you know is unable to work because of a long-term disability, and who may be eligible to receive social security disability benefits (SSDI

) from the government, a social security disability lawyer can help.

Full Answer

How to find a good disability lawyer?

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. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect …

When to talk to a Social Security disability lawyer?

Nov 12, 2021 · While you can enlist the help of a disability lawyer at any time during the claims process, many people choose to hire an attorney before they start their disability application. When you have a lawyer working with you from early on, you may be able to garner an approval earlier and get awarded the benefits that you need.

How much does a disability lawyer cost?

Jun 20, 2018 · Most disability attorneys are well-versed in workers compensation law. If you get a disability lawyer for your workers’ compensation case, you will already have legal counsel secured in the unfortunate event your workers’ comp claim turns into a disability claim. Advertisements Social security hopefuls might want to hire an attorney.

How can I get a disability lawyer for free?

Nov 08, 2021 · How Can a Disability Lawyer Help With Your Claim? Initial Application. During the initial application stage, your disability lawyer can help you fill up the application form. This will ensure that ... On the Record Decision. Disability Hearing.

What is the benefit of hiring a disability lawyer?

First and foremost, an attorney will serve as your advocate. Bound by professional rules and ethical obligations, your lawyer will handle your case carefully. Further, working with the SSA can be like speaking another language.

What to do if you have been denied SSDI?

If you have already been denied, however, it is still a good idea to consider legal representation . From your first appeal to a disability hearing, a Disability lawyer or advocate is likely to be a valuable asset at any point in the SSDI application process.

Why are disability claims denied?

For example, the majority of disability claims are initially denied, often due to the applicant’s inability to provide sufficient medical evidence. Additionally, there are specific deadlines that must be met throughout the application process.

Do disability lawyers get paid?

Instead, the Social Security Administration has regulations that establish how a disability lawyer is paid. Disability lawyers take claims on a contingency basis, which means that your lawyer doesn't require a payment for his or her services until you are awarded disability benefits.

What can having a disability lawyer do for you?

The process of applying for and dealing with appeals when it comes to disability can be really difficult and discouraging. If you get a disability lawyer, you can help yourself have someone there with you through the whole thing. The benefits of hiring a disability lawyer:

Using a disability lawyer for workers compensation

Workers comp gets really tricky when you’re applying for it and even when you’re collecting it. If you fill out any forms the wrong way, you could risk losing your claim and that could leave you with thousands of dollars that you owe for the medical damage.

Social security hopefuls might want to hire an attorney

Even just filling out the paperwork for a social security disability filing can be difficult. An attorney can help you figure out the right way to do the paperwork and what you need to further support the information you’re using to file the claim.

It might be harder to get a disability lawyer in these instances

One instance where you might not be able to use a disability lawyer is if you file a claim with the VA. You will need to retain the help of a disability lawyer before you file your claim. As Nicole found out the hard way, you cannot hire a lawyer after the claim has been filed.

How you can get a disability lawyer with no money upfront

When a lawyer does work without getting paid, they do pro bono work. This is somewhat uncommon, but it does happen. Many communities have organizations that work specifically for this purpose and lawyers volunteer their time to give pro bono work. You can use this directory to find a pro bono lawyer in your area.

How to get disability approval?

To help you get approval at this stage, your lawyer can: 1 help you gather substantial medical evidence proving the extent of your disability 2 present a clear and concise argument as to why you deserve the benefits 3 negotiate your disability onset date 4 convince the Attorney Adjudicator on the specific merits of your case

How long does it take to get a disability claim?

According to the SSA, the average processing time for disability benefit claims is 103 days in 2018. But some disability reviews may take up to two years. Some factors that can affect the turnaround time include: A disability lawyer knows what the SSA wants to see and hear.

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

What happens if you have never applied for disability?

If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to explain disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that: 1 your condition meets a disability listing 2 you cannot go back to your previous work or engage in any substantial gainful activity 3 your “limitations” prevent you from working 4 you cannot even do a sedentary type of work

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

When did legal aid stop?

Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney.

Do disability attorneys have to pay up front?

Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.

Do disability lawyers charge fees?

All Social Security disability lawyers charge fees on a contingency basis, where you only pay if you win. By Elizabeth Dickey. Applicants for Social Security disability (or SSI disability) are very unlikely to find an attorney to represent them for free, even at legal aid offices. This is because attorneys who help disability claimants work on ...

Can a lawyer collect disability backpay?

However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.

What does a good attorney do?

A good attorney will give you an honest assessment of your case only after reviewing the facts. A good attorney will also admit that he or she probably can't get you approved any faster than you could on your own. Here is a sample question you should ask and a sample answer a good attorney should give you:

Do disability firms keep in touch?

Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:

Does Nolo have a disability license?

Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association.