Another benefit of being represented by a lawyer is that disability attorneys are familiar with the personalities and decision-making processes of the ALJs in their area. Your lawyer may have conducted hearings before this particular ALJ before and will know their "style" in advance.
Full Answer
An experienced attorney can help you through the Social Security disability appeals process and present the strongest possible case, so you have the best chance at overturning an initial denial.
What Happens When I First Call a Disability 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.
One major advantage of hiring legal professionals is they know how to best present your case to the SSA. 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:
An experienced disability advocate helps improve your chances of winning your claim. Advocates have specialized knowledge of Social Security’s rules and regulations for benefits. If you need to appeal your disability application, our advocates know how to help. How Do You Appeal a Denied Benefits Claim?
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%.
Once you have filed an appeal, you may receive a letter stating that you have an “appeal under review.” This is a point in the SSA's decision-making process that is neither good nor bad, but rather it means that your case is being reviewed to ensure that the decision on your eligibility for benefits was made correctly.
You can choose an attorney or other qualified individual(s) to represent you. However, you can't have someone who, by law, can't act as a representative or who we previously suspended or disqualified from representing others.
Writing the Disability Appeal LetterIndicate Your Name and Claim Number at the Top. ... Point Out Any Mistakes or Oversights. ... Supply Missing Medical Information. ... Attach Medical Records or Any Additional Evidence. ... Stick to the Point. ... Be as Detailed as Possible. ... Be Polite and Professional.
While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.
If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.
No. The Social Security Administration does not recognize power of attorney as conferring authority to manage another person's benefits.
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.
You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).
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.
Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.
Here are three of the most common physical disabilities we see.Arthritis and Other Musculoskeletal Disorders. According to the Mayo Clinic, arthritis is inflammation and tenderness in one or more joints. ... Cerebral Palsy. ... Spinal Cord Injuries.
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.
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.
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.
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.
Questions to Expect During Your Disability Hearing. The disability hearing usually intimidates claimants, especially if they decide to represent themselves. At your hearing, the judge will hear testimony from a vocational expert (VE) hired by the SSA.
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.
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.
Only around one-third of initial claims for Social Security Disability benefits are approved, which means being denied is common, so don’t lose hope! The Social Security Administration is focused on preventing individuals from fraudulently obtaining benefits, so the claims process is heavy with large amounts required of paperwork, medical evidence, and signatures.
There are four levels of appeal for social security after you receive a denial on a claim for SSDI benefits, including:
A Social Security Disability appeal — much like the process of applying for the benefits in the first place — can involve an overwhelming amount of paperwork and evidence. Dr.
Have you ever applied for Social Security Disability/Supplemental Security? *
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.
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, ...
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.
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.
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.
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.
Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.
There are many reasons for the disapproval of disability claims, such as insufficient information or supporting documents with your application, or that the Social Security Administration (SSA) believes your disability is not one that qualifies for benefits.
A lawyer can help you with the four different levels of appeals, which include: Filing a Request for Reconsideration. Requesting a hearing in front of an Administrative Law Judge (ALJ) Request a review by the Appeals Council. Filing a lawsuit in federal court.
In 2016, about 35.4 percent of all Social Security disability benefits claims were approved at the initial application stage, also called the initial adjudicative stage. This means that just about 65 percent of applicants did not receive awards right out of the gate.
If you were denied because you didn't meet the initial requirements for disability, you will also be denied at the appeals level, with some exceptions . The Social Security Administration (SSA) sometimes finds that the claimant has failed to meet one or all of the following initial requirements:
If your reconsideration is denied, it is important to request a hearing by the deadline stated in your denial letter (60 days after receipt of the letter); otherwise you will be required to start the application process from the beginning. For most medical conditions, the most important item to provide to the SSA is the last one on the list, ...
Examples of the information you need to provide the SSA are: A complete list of all doctors you have seen for evaluation or treatment of your illness. A complete list, including dates of services and addresses, of any hospitals or clinics where you received treatment for your illness.
If your Social Security disability application was denied, you still have a few levels of appeals to go through. In fact, most people ultimately win their disability case on appeal, as opposed to getting the initial application approved. Your chances of success at the appeals level depends on the reason your disability application was denied in ...
Recently on our forum we had a user ask, “What if I need to appeal my Social Security Disability Insurance (SSDI) application denial but disability lawyers will not help me? Can I make the appeal on my own?” This is a great question, but the better question is should you appeal the denial. We will discuss this question below.
Disability lawyers work on a contingency fee basis which means they will only take a case if they think they have a chance to win; otherwise, they do not get paid. So, before you decide whether to file an appeal on your own you need to find out why you were denied and why the disability lawyer refuses to help you.
Yes, you have 60 days to file the Reconsideration paperwork to the Social Security Administration (SSA). If you do not file the paperwork in time, under most conditions, you will have to file another SSDI disability application and start the process again.
When you apply for Social Security and your claim is denied, there are several levels of appeal that you can go through. Reconsideration is the first level of the appeals process in most states. You can request this reconsideration in writing by contacting the Social Security Administration.
You don't need a lawyer to file a reconsideration appeal, although an attorney can help you to determine why your original application was denied and can help you strengthen your application so that it can be approved in the reconsideration.
If you los e the reconsideration, you should definitely consider hiring a lawyer for the appeal hearing. To learn more, read our article on how ...