why should i get a lawyer for disability

by Francisco Franecki 4 min read

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

If you enlist the help of a disability lawyer before you file your claim for benefits, the lawyer can help you evaluate the strength of your claim before you apply. Your disability attorney can help you gather the supporting evidence and medical documentation that your claim needs to be successful.Feb 4, 2022

Full Answer

When should you hire a disability lawyer?

A disability lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced. Once your application is submitted, your attorney will check in with the SSA on your behalf and give you updates as they become available.

When should I hire a Social Security disability lawyer?

By hiring a Disability lawyer, you will not have to wait in long lines at your local Social Security office or get stuck on hold waiting to talk to a government worker. In fact, you may never have to leave your home or deal with the federal government at all. Put our experience and knowledge to work for you. Call 855-702-9061.

Should I hire a disability advocate or lawyer?

You should consider hiring an attorney if: You have a disability that makes it impossible for you to work. You have tried to apply and find the process overwhelming and confusing. You are simply too disabled to do the work of applying. You have applied and have been waiting a …

Should you hire a disability lawyer?

Aug 12, 2019 · If you need help applying for benefits or appealing a denial of benefits with the SSA, you should consider hiring a disability benefits lawyer or advocate. A lawyer or advocate can help you gather necessary evidence, fill out your application, and make sure that you maximize your chance of receiving the disability benefits you need.

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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.

What states are hardest to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

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

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

What happens if you are denied a disability?

When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

Can a lawyer help with Social Security disability?

Social Security Disability attorneys understand the application process. They know how to present your case in a way that makes your disability obvious and not a matter of conjecture, and can assist you in obtaining the necessary medical documentation from your doctor and the hospitals where you received treatment. A lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

Do I need an attorney to file for disability?

Filing for Social Security Disability benefits can be a complicated and confusing process. Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied. While you don’t technical ly need an attorney to represent you ...

Why hire a disability lawyer?

One of the benefits of hiring a Disability lawyer is not having to worry about schedules or filing deadlines. A lawyer will handle whatever comes down the pike and keep you up to date.

What is the acronym for Social Security?

Not to mention, all those acronyms: SSA, SSI, SSD, CE, VE, ME, SGA, SSA, ALJ. Understanding the Social Security Disability system is like trying to decipher a secret code. It’s best left to a well-versed Disability lawyer.

How many pages are needed to file for disability?

Skip the painstaking paperwork. To apply for Disability benefits, you will be required to submit about 40 pages of forms filled with information about your medical condition, education, work history, limitations and capabilities.

Is Social Security Disability a complex system?

Social Security Disability is a complex system of medical terms, legal jargon, strict criteria and hard deadlines. It’s no wonder people are intimidated by the process. Many take one look at all the forms to fill out and throw in the towel. Others attempt to tackle it alone, and get a rude awakening when a rejection letter arrives in the mail.

What to do if your disability is denied?

If your claim gets denied, a seasoned attorney can identify the problem and work to overcome it.

Is the Social Security disability system backlogged?

By hiring a Disability lawyer, you will not have to wait in long lines at your local Social Security office or get stuck on hold waiting to talk to a government worker . In fact, you may never have to leave your home or deal with the federal government at all.

What happens if you are denied a disability?

If your Disability application was denied, there’s a good chance you will end up having a Disability hearing before an Administrative Law Judge (ALJ.) While this can be a very nerve-wracking experience for a claimant, it’s a Disability lawyer’s time to shine. A savvy Social Security Disability lawyer will fully prepare you for the hearing, skillfully question the expert witnesses, and make the appropriate legal and medical arguments to the judge. Hiring a Disability attorney could make the difference between winning and losing your Social Security Disability appeals hearing.

The Advantages of Hiring a Social Security Disability Lawyer Before You Apply

If you hire an experienced Social Security disability lawyer before you apply for Social Security disability benefits, then you can be confident that your attorney will:

The Advantages of Hiring a Social Security Disability Lawyer If You Need to Reapply

You may not have hired a lawyer the first time you applied for Social Security disability benefits and your application may have been denied. However, you can benefit from a Social Security disability lawyer if you need to reapply. Specifically, you should consider that:

What Does it Cost to Hire a Social Security Disability Lawyer?

If you decide to hire a lawyer to represent you at any stage of the SSA disability process, you should know how that lawyer is paid. First and foremost, you do not pay the lawyer any fees that are not part of your settlement. Federal law regulates this.#N#You only pay if the lawyer succeeds in getting your benefits for you.

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.

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 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.

Can I file for disability on my own?

Many people file an application for Social Security Disability benefits on their own, and only contact an attorney after being denied. As an attorney that handles Social Security Disability claims, I encourage people to hire a lawyer at the beginning of the process, rather than after being denied once or twice.

Can I file a Social Security claim on my own?

The first is that you will not be on your own when it comes to dealing with the Social Security Administration, which can be a difficult organization to deal with. Your attorney will file the claim for you, and make sure you apply to all the programs you may be entitled to. An example of this is when I take a case where ...

What to do if denied for disability?

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 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.

Does disability affect Social Security?

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.

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

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