7 Reasons Why You Should Hire An SSD Benefits Lawyer
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).
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. On the other hand, if you have a strong disability case, the money might be wasted if you can win benefits applying by yourself.
Your representative can prepare you and any witnesses on your side to testify at a hearing before an administrative law judge, the second level in the appeals process, and can question expert witnesses that Social Security presents.
What Are the Cons of Hiring a Lawyer? 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).
The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.
This includes medical records, doctors' reports, and recent test results; and. Award letters, pay stubs, settlement agreements or other proof of any temporary or permanent workers' compensation-type benefits you received [more info].
The SSA will not approve you for SSDI benefits if you perform work that brings in more than the substantial gainful activity rate, which is $1,260 per month in 2020. If you are working and earning more than this rate every month, you will not qualify for benefits.
Most claimants who are seeking disability benefits are not aware the Social Security Administration can investigate your activities. However, the SSA does put people under investigation.
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.
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.
OklahomaOklahoma 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.
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...•
While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)
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.
(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.
What Are Some Common Hidden Disabilities?Psychiatric Disabilities—Examples include major depression, bipolar disorder, schizophrenia and anxiety disorders, post-traumatic stress disorder, etc.Traumatic Brain Injury.Epilepsy.HIV/AIDS.Diabetes.Chronic Fatigue Syndrome.Cystic Fibrosis.More items...
It is always a personal choice, but there are a few things to know. The real reason to hire an attorney is if you believe that they can help you get a better result from the VA on a disability claim that has been denied, or not rated high enough for your liking. That’s it. There is no other good reason.
It’s important to find a SSDI lawyer who knows about VA claims and will represent your interests. Here are some of the best questions to ask an attorney.
The cost of a SSDI lawyer is always going to vary. Typically these fees will be paid directly out of the any lump-sum payment you get from the VA.
The first thing you need to know is that you probably won’t find a SSDI lawyer who is local to you. Also, the best fitting lawyer for you most likely will not be local either. Veterans SSDI lawyers work at the federal level so as long as they are certified by VA to represent veterans, you can choose any lawyer.
If you are hesitant about paying out a lot of cash for a SSDI lawyer, you should know that free, or pro-bono, legal assistance is widely available to help veterans. The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U.S.
Always keep your eyes open, be aware and get what you are entitled to and deserve.
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.
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.
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.
Without an attorney, it's difficult for a claimant to do this successfully. In addition, your lawyer will likely be familiar with how the particular judge likes to run hearings, and will be able to present evidence according to what the judge likes—and does not like—to hear.
Vocational experts (VEs) are experts hired by the SSA to testify at hearings about what work they think applicants can do in light their medical conditions. At the hearing, the ALJ will pose a series of questions to the VE called "hypotheticals." These questions use the applicant's documented symptoms to see what kinds of jobs an applicant can do. If the VE testifies that a claimant can still work, the ALJ will almost always deny the claim.
Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.
This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.
A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.
the combination of the applicant's impairments prevents the claimant from working. the grid rules direct a finding of disabled. the applicant's medical condition meets or equals a listing. the applicant has both exertional and non-exertional impairments that prevent the claimant from working, or.
Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.
Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.
The SSA will work directly with your representative and provide access to information from your Social Security file. 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.
If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.
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.
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.
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.
During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.