why getting ssi might be with a lawyer or appeal

The Benefits of Hiring an Attorney for Your Social Security Disability Appeal It is best to hire an attorney before you file your SSD claim. By getting your application right the first time, an attorney can help you increase your chances of initial approval and decrease the amount of time it might take to receive a determination.

Full Answer

Should I hire a Social Security disability appeal lawyer?

If you decide to submit an appeal for a disability application, you don’t need to hire a social security disability appeal lawyer. However, representing yourself during a disability hearing might be intimidating. An experienced disability advocate helps improve your chances of winning your claim.

What is the appeal process for SSI vs SSDI?

The appeals process is the same for SSI vs SSDI. First, you can simply submit a request for reconsideration. You might have some additional evidence or medical records to provide and you are requesting that the SSA reconsider their decision. Most initial determinations are made by local Disability Determination Services (DDS).

Why do I need a social security attorney or advocate?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Can a disability attorney request a social security exam?

If necessary, a disability attorney can request that Social Security schedule (and pay for) an exam with a doctor or psychologist.

What are the chances of winning an appeal from Social Security?

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%.

How do you win an appeal for SSI?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.

Who makes the final decision on Social Security disability?

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.

How many times can you appeal SSI decision?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

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.

What happens if you lose an appeal?

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.

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.

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.

What does it mean when SSI says a medical decision has been made?

It means you were approved. The non-medical is just an SSI financial review. For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers.

Why would SSI be denied?

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. Your medical conditions were not severe enough.

What are the grounds for an appeal?

The most common grounds for appeal of a criminal conviction are improper admission or exclusion of evidence, insufficient evidence, ineffective assistance of counsel, prosecutorial misconduct, jury misconduct and/or abuse of discretion by the judge.

Can I be denied SSI but approved SSDI?

It's possible to be denied SSI but approved for SSDI. Both have the same medical requirements. They differ in technical requirements. For SSI, you need to be below an income limit while for SSDI, you need a specific number of work credits based on your age.

How long do you have to appeal a disability claim?

The denial of a claim for Social Security disability can be especially heartbreaking. Fortunately, however, you have 60 days from the date of your initial denial to file your appeal. If you do not file your appeal within that 60-day time period, the Social Security Administration could deny your appeal because of the late filing.

Why are disability applications denied?

One of the main reasons why Social Security disability applications are denied is because the applicant is simply not eligible for benefits. One reason why a person might not be eligible is that the disability is not serious enough or does not preclude him or her from working. This inquiry is extremely fact-sensitive. In order for an applicant to be eligible for disability benefits, the disability must be one that makes the applicant unable to engage in gainful employment because of a “medically determinable mental or physical condition or impairment.”

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.

What to do if SSA denies SSDI?

If the SSA denies your application for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you must submit a request for reconsideration. You might also need to attend a disability hearing with an administrative law judge.

What is disability advocate?

However, representing yourself during a disability hearing might be intimidating. 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.

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.

What to expect at a disability hearing?

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.

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 is the best way to find a lawyer for disability?

Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation. The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims.

How much does Social Security pay a representative?

In a typical fee agreement, the representative's payment is capped by federal law at 25 percent of back pay or $6,000, whichever is less.

How to file SSA-1696?

Once you've chosen someone to handle your case, you need to notify Social Security in writing. Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

What to do if you disagree with Social Security?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

Can I get SSI with a professional representative?

Whether or not to seek such help is a personal decision and depends on your individual circumstances. But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.

Do disability lawyers get paid?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

What is a vocational expert?

The mode of question is the really difficult answer. His main purpose is to disqualify the applicant’s disability benefits. For this, he will stand for firm logics that may go against the applicant’s interest. For example, he will justify the ability to work by the disabled people and want to prove the severity of the disability with light work.

What is a disability lawyer?

Social security disability lawyers is a person who has extensive knowledge in dealing with social security disability-related case. He/she works to approve social security disability denial related applications. They can represent the applicant to proceed with the case with accurate information. Additionally, they can take part in hearing in front of the Administrative Law Judge and explain your case.

What is a court hearing?

The court hearing is an important issue where you have to appear before the court. The judge will find the exact answer from you. Any deviation or discrepancy of information explained by you may disqualify the disability benefit. So you need to be prepared to answer the question in the hearing process. An attorney has extensive knowledge in this regard and he will make you ready with information as the answer. to be more accurate, the attorney may arrange a trial before going to hear which will surely be effective not be nervous and make you confident about what you have to answer.

What does an ALJ need to prove?

The ALJ may need the statement or opinion of the doctors to prove that he is no longer capable of doing any type of work. Professionally a disability attorney will contact the health provider to get an opinion or statement. The doctor provides this type of opinion considering the real fact of the patient and also wants to make sure the patient can get the disability benefit.

Why is my Social Security disability denied?

Most of the application for social security disability are denied by the Social Security Administration due to incomplete information, overstatement of the fact and some false information. But the fact is not over as most of the applicant get social security disability benefits after providing exact information on the re-application process.#N#More importantly, you may not go for the re-application process. You may achieve the social security disability benefit for the very first time if you hire a social security lawyer. The lawyer will work for your application with the information that you don’t know. So this can be a very good decision if you are capable to pay the cost of the lawyer for getting social security disability. There are some law firms where lawyers work with a social security disability application, and you may choose the best one according to the rate of application approval.

What to do if you are denied a disability claim?

If you go through the ALJ hearing and Appeals Council and still have your claim denied, all hope is not lost. You can still file a claim in Federal District court and ask that the court review your claim. There are a few outcomes that you can expect at this level. The District Court might send your case back to the SSA and ask them to reconsider the claim. They could also opt to go ahead and approve your claim or even dismiss your case. Once you get to this step, an attorney is almost always needed to file the case in Federal court. In reality, very few cases make it this far. Many attorneys are unwilling to continue with a disability claim this far because the odds of winning are extremely small unless there is new evidence that perhaps was not available or presented in the initial claim and appeals process.

How to request reconsideration of disability?

Most initial determinations are made by local Disability Determination Services (DDS). These are often state agencies that make the initial decision for the SSA. Your reconsideration request is asking the SSA to review and reconsider the decision made by this agency. This is sometimes successful, but not often.

How to win a disability appeal?

Are you still wondering how to win your disability appeal hearing? The best arguments are the ones that clearly display your medical conditions that qualify for disability and describe how those impairments prevent you from working. You must clearly show to the judge that you are unable to perform work due to your condition. The best advice is often to get help with your disability appeal from an attorney.

What happens if you are unsuccessful in a federal appeals court?

If you are unsuccessful at the hearing, you can continue to appeal your case. Your next step would be to the Appeals Council and finally to Federal court if the Appeals Council review is unsuccessful. Very few cases actually make it to Federal District Court in reality. If your benefits are not approved at the hearing level, then many cases simply get dropped at that point.

How many appeals are approved?

In recent years, about 40% of appeals are approved at the hearing stage. This is much higher than those approved at the reconsideration level which is less than 10%. In most cases, your odds of getting approved during the appeal process is much higher if you have an attorney working on your case.

How long does it take to appeal SSI?

The SSI appeals process is not a quick process. It can often take 12-18 months to complete an appeal of your initial decision. This is one reason that many people give up too soon because they simply cannot wait that long to get help. For that reason, many will attempt to return to work because they need the money.

What happens if you miss a Social Security filing deadline?

If you miss a filing deadline, then your claim is likely to get dismissed right away. Even if you have a valid claim, missing a deadline will get it denied regardless of your arguments or the evidence.

How much does it cost to hire a lawyer for a hearing?

Is hiring a lawyer for your hearing worth the money? In the survey of readers we did, the average attorneys' fee for those who hired a lawyer for the hearing was $4,600 (though more than half paid the maximum fee of $6,000). But the hearing is the last good chance you have of getting approved for benefits, so you may decide it's worth part of your backpay to hire the lawyer (and you don't have to pay if you don't win).

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.

How much does a lawyer charge for Social Security?

The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case). When we surveyed readers, we found that the average fee collected by Social Security lawyers was $3,750, much lower than the maximum (and even lower in SSI cases: $2,900).

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.

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

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.

Does disability affect Social Security backpay?

In many cases, this is money well spent because the disability claimant wouldn't have been approved without a lawyer—or, the claimant would have gotten less money without the lawyer. 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. A judge may try to pay you less backpay by moving up your "date of disability onset" to a more recent date. A lawyer can help you get benefits going back to the date you originally claimed as your onset date, which means more backpay for you.

Do disability attorneys get paid?

Generally, because disability attorneys get paid on contingency (only if you win), they are motivated to track down important medical records and test results and talk to your doctors, or at least obtain detailed statements from them. (Often, doctors are more likely to respond to an attorney’s request for a supportive statement than to a patient’s request.)

What to expect when denied SSI?

The bottom line for this kind of SSI claim denial is usually that it’s too big a leap of faith based on the documentation you’ve provided for the SSA to feel confident that your condition is severe enough to prevent you from earning a living.

Why is my SSI denied?

And if your SSI benefits claim is denied for a medical reason, generally it’s because the SSA doesn’t believe you’ve provided enough official medical documentation and evidence to show that you meet its very specific definition of disability.

What is the disability of SSI?

Disability, as defined by the SSA, means that you are unable to do any kind of work – not only the kind of work you’ve previously done but also any kind of work the SSA believes your skills will transfer to or that you could feasibly be trained to do.

How many levels of appeals are there for SSI?

The appeals process for SSI disability benefits claims includes four different levels. At the first level, you submit a simple Request for Reconsideration, which formally notifies the SSA that you’d like your decision to be revisited. Your denied claim will then receive a second review from someone who was not part of the first review or the subsequent decision.

Why is my disability claim denied?

1. Income. One of the most common reasons an initial claim is denied is that the applicant makes too much money already to qualify for benefits. SSA will look at how much money you have in the bank. For single people who apply for disability benefits, the cutoff amount is $2,000, and it is $3,000 for a married couple.

How long do you have to appeal a disability claim?

You have 60 days from the date of the notice to file your social security disability appeal.

What does it mean when the SSA finds your condition doesn't meet an impairment listing?

If your denial notice says that the SSA finds that your condition doesn’t meet an impairment listing, that simply means that the condition you’ve claimed doesn’t meet the requirements of the SSA’s existing list of Blue Book disabling conditions. This reason for denying a claim is quite common.

Why do you appeal SSI denial?

The reason is very simple; appealing the denial allows you to get to the administrative hearing faster which generally gives your best opportunity to win your SSI claim. The administrative hearing is not the first level of appeal; in fact, you will have to appeal for a reconsideration before you can appeal a second time for a hearing, ...

What is the SSI program?

The SSI program requires you to meet certain income and resource limits, in addition to meeting the disability criteria. If you do not meet the income and resource criteria you will be denied SSI benefits, regardless of whether you meet the other medical criteria (aged, blind or disabled).

What to do if you are denied SSI?

The best thing to do is talk to a disability lawyer. They can review your initial SSI application, your medical records and your SSI denial letter. They should be able to tell you what additional information you need to add to your medical file to improve your chances for winning SSI benefits at the administrative hearing.

How long does a mental illness last?

Your mental or physical health condition is not expected to last for 12 continuous months. If your condition is not expected to last for at least 12 continuous months you will be denied SSI benefits, regardless of the severity of your current health condition. You are performing substantial gainful activity.

Can you get Social Security if you work too much?

If you are working and making too much money, the Social Security Administration will deny Supplemental Security Income benefits. Work does not have to be full-time and you do not have to be realizing a profit to be considered “substantial.”

How many appeals are denied for disability?

That is not always the case, but approximately 70 percent of initial claims are denied and approximately 85 percent of reconsiderations are denied.

What percentage of unrepresented claimants are approved?

Forty percent of unrepresented claimants will typically be approved by an administrative law judge at a hearing while represented claimants can boost this statistic to over 60 percent (62 percent acccordingly to a federal statistic several years ago).

What does a representative do for SSA?

A representative will keep SSA advised of changes, such as medical treatment information. 5. A representative will conduct periodic status checks on the case (very important since it is not unusual for paperwork to not arrive at its intended destination and for cases to simply fall through the cracks). At the hearing, however, it is really just ...

Do you have to prove that you are severe enough to qualify for disability?

Because this is true, claimants are put in the position of having to prove that their condition is severe enough to satisfy the SSA standard of disability.

Does Social Security keep your attorney in the loop?

1. SSA must keep your attorney "in the loop" so that you can be properly advised at key points in your case, e.g. should a less-than-favorable ruling be appealed?; or should an amended onset date be accepted. This means that the representative will receive copies of all correspondence (you should still notify them if you receive a notice of decision) and also means that Social Security will obtain permission from the representative if they need to contact you directly.