when will a lawyer take a ssdi case colorado

For SSDI, if you haven't worked for a numbers of years, meaning your "date last insured" is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI. For SSI, if you have significant income or assets, a lawyer won't be interested in your case.

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Are you denied Social Security disability benefits in Colorado?

Unfortunately, these rights are not automatic and denials of claims are common. The experienced attorneys at Bachus & Schanker, LLC take pride in protecting the rights of Colorado citizens who have suffered a debilitating injury or illness and have been denied their Social Security Disability benefits. Have you been denied SSDI?

How does the SSA pay for a disability attorney?

When you first hire a disability attorney or advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the SSA to pay your attorney if your claim is approved. The SSA will review the agreement to make sure it meets the fee agreement guidelines.

How many Social Security disability claims are denied each year?

Each year, the Social Security Administration provides billions of dollars in disability benefits to Americans. However, being granted these benefits can be a complicated process. Millions of claims are filed each year and most of them are denied.

How much can a disability attorney charge for backpay?

(For more information, see our article on disability backpay.) Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000.

How long does disability reconsideration take Colorado?

about 60 daysIf your claim is not approved, you will have to move to the reconsideration appeal and that generally takes about 60 days for a decision... assuming, of course, that Colorado is still not what SSA categorized as a prototype state in which the reconsideration level of appeal was abolished.

What are the odds of winning a SSDI appeal?

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%.

Does SSDI send investigators?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

How long does it take to get an answer from SSD?

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 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 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.

Can Social Security tap your phone?

(2) SSA employees authorized to listen-in to or record telephone calls are permitted to annotate personal identifying information about the calls, such as a person's name, Social Security number, address and/or telephone number.

Does SSDI monitor your bank account?

On the other hand, if you receive disability benefits through the Social Security Disability Insurance (SSDI) program, the SSA won't check your bank account. Individuals qualify for SSDI based on their work history. Claimants who receive SSDI or SSI will be subject to ongoing eligibility reviews.

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...

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

Why is my SSDI taking so long?

Well, there are a number of reasons. One is the fact that the SSA is understaffed. Another more common reason, however, is that the delay in processing an application is often caused by a disability examiner's inability to get medical records from your doctors or specialists.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

How to prepare for a disability hearing?

Prepare arguments that for the disability hearing. Challenge the job expert at the hearing if they argue you can perform different types of work. Prepare a brief for the administrative law judge outlining the case.

Can a disability lawyer do SSDI?

Many SSDI applica nts assume that having a disability lawyer will allow them to bypass the thousands of other disability applicants and somehow catapult their disability application to the front of the disability processing line. Unfortunately, that is beyond what the disability attorney will be able to do with your SSDI case.

Can a disability lawyer expedite your application?

Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time. For instance, if you are scheduled for a SSDI disability hearing the disability lawyer can do the following, which can give you a better chance ...

What is SSDI attorney?

Social Security Disability Insurance. Social Security Disability Insurance (SSDI) is a federal program that pays monthly benefits to individuals ...

What is Colorado SSI?

Colorado SSI/SSDI Disability Benefits. There are two federal programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) that pay monthly benefits to disabled individuals who are unable to work and earn an income. According to the Social Security Administration ...

What is the maximum amount of SSI?

In 2017, the maximum monthly benefit amount for Supplemental Security Income is $735 for an eligible individual, $1,103 for an eligible individual with an eligible spouse, and $368 for an essential person. The monthly payment amount for SSI benefits is reduced by subtracting the recipient’s countable income, or any income he or she receives during a calendar month and can use to meet basic needs for food or shelter. In the case of an eligible individual with an eligible spouse, the benefit amount is divided equally between the two.

How do I qualify for SSDI?

To qualify for SSDI benefits, you must have worked long enough and recently enough, and paid enough Social Security taxes during that time, before becoming disabled. Generally, workers must have earned 40 work credits, 20 in the previous ten years ending with the year they become disabled, in order to be eligible for Social Security Disability benefits. While some programs offer benefits to individuals with a partial disability or short-term disability, Social Security does not.

What happens when you apply for disability?

When you apply for disability benefits through the Supplemental Security Income or Social Security Disability Insurance programs, the Social Security Administration will review your case to determine whether you meet its definition of disability and qualify for benefits.

How long does a disability last in Colorado?

According to the Social Security Administration (SSA), to be considered “disabled,” a person must be unable to engage in any substantial gainful activity because of a physical or mental impairment that is expect to last for at least one year or result in death. If you live in Colorado, and you suffer from a serious disability ...

Does Social Security cover short term disability?

While some programs offer benefits to individuals with a partial disability or short-term disability, Social Security does not . Supplemental Security Income. Another federally-funded benefits program, Supplemental Security Income (SSI) is a needs-based program that makes monthly cash payments to aged, blind or disabled individuals ...

What to do if SSDI denied?

Following the denial of an SSDI claim, there is a tight timeline in which action must be taken in order to appeal. Contact the attorneys at Bachus & Schanker, LLC immediately to make sure your rights are protected. The sooner work on your claim can be started, the sooner your SSDI benefits can be secured.

What are the questions that Social Security asks?

The Social Security Administration is primarily concerns about the answers to five basic questions: Are you currently working? How severe is your condition? Is your condition included on the list of disabling conditions? Is it possible for you to continue doing the work you used to do? Is there any other type of work you could do?

How to apply for disability benefits?

Your first step in applying for benefits is to schedule a telephone interview with our office by calling or emailing us now.

How long does a disability last?

You may receive benefits if your disability is not permanent if you meet one of these conditions: Your disability must have been present for at least a year, you expect the disability to continue for a year, or you suffer from a condition that typically results in death within a year.

What happens if you are denied Social Security?

If you were denied a Social Security claim, there is an opportunity for appeal. However, the appeal process can be difficult and unclear. The expert Social Security attorneys at Bachus & Schanker, LLC will help you navigate this process, ensuring you receive the benefits you deserve.

Do you get Social Security if you retire?

However, the payments you receive are not directly tied to the contributions you made while working. The money you paid into Social Security goes into a shared pool, from which benefits to all Americans are paid.

Is a consultation confidential?

Entirely confidential - we respect your privacy, consultations are privileged.

How to interview a disability client?

When a potential disability client contacts a Social Security disability law firm, a paralegal or assistant will usually do an "intake" interview with you, often by phone. The assistant will ask you questions about your age, your medical condition, how often you see your doctors, whether you've been hospitalized for your condition, and whether you are working. The law firm will then decide whether it's in their financial interest to take your case. Established law firms (as opposed to young solo lawyers just starting out) generally only take cases on which they have a solid chance of making an ample fee.

What factors do lawyers consider when they decide to take a case?

Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.

Can you get disability if you have medical records?

Along those same lines, having medical records that list numerous medical conditions doesn't make you a shoe-in for disability benefits. (Similarly, unless you're taking medications reserved for the most serious medical conditions, listing lots of different medications that you take isn't going to convince Social Security that you're disabled—they see it all the time.)

How much can a disability attorney charge?

Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.

What records do disability attorneys need?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive.

Can a Social Security representative be paid out of past due benefits?

The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.

Does it cost to hire a disability representative?

It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.

Can a representative ask for money in advance?

Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

How is Disability Defined in Colorado?

The Social Security Administration has its own unique definition of “disability,” and according to SSA, it differs from the definitions used by other programs. No benefits are payable under SSD for partial or short-term disability. For SSD purposes, you are considered disabled only if:

How long does it take to get a disability reconsideration?

The average time to do a disability application reconsideration is approximately 160 days, according to the Social Security Administration.

What is the purpose of Supplemental Security Income?

The purpose of the Supplemental Security Income program is to provide benefits to disabled children and adults who have limited means. Under the Social Security Act, the types of disability benefits available are: Social Security Disability Insurance.

How to appeal a reconsideration decision?

You may appeal the reconsideration decision by requesting a hearing before an administrative law judge. The judge’s office will send you notification of the time and place of the hearing. You will be expected to present evidence supporting your claim for benefits and follow the rules of civil procedure. It is helpful to have an experienced disability lawyer represent you at the appeals hearing. An experienced Denver SSD attorney can help you prepare for the hearing and help you understand the kind of questions the administrative law judge will likely ask. An attorney can help you gather new medical information and arrange for medical experts and other witnesses to testify on your behalf. After the hearing, the administrative law judge will make a decision based on all the evidence.

What is SSDI disability?

Social Security Disability Insurance (SSDI) is designed to provide benefits for people who have worked and paid into Social Security, but have suffered impairment through injury or illness and are unable to work.

When will disability benefits stop?

If claims reviewers determine that you no longer qualify for disability benefits due to medical improvement or your ability to work at a level considered substantial gainful activity , your benefits will be stopped. The decision is typically effective in the month you receive a written notice.

How long does a disability last?

Your disability must arise from a serious medical condition that is expected to continue for at least one year or until death . Whether physical or mental, the condition must have been diagnosed using acceptable medical techniques, and specific evidence must be provided to support your claim.