why you should hire a lawyer for social security disability

The short answer is hiring a lawyer knowledgeable about Social Security disability can increase the likelihood of your claim being awarded AND it doesn’t cost you any money up front. In fact, statistics show that those who hire an attorney are twice as likely to win a disability case than those who go it alone.

Full Answer

What do Social Security disability lawyers do?

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 …

Why hire a disability lawyer or advocate?

Nov 22, 2017 · The short answer is hiring a lawyer knowledgeable about Social Security disability can increase the likelihood of your claim being awarded AND it doesn’t cost you any money up front. In fact, statistics show that those who hire an attorney are twice as likely to win a disability case than those who go it alone.

Should I hire a social security lawyer?

Our social security lawyer wants to help ensure that the aftermath of a serious and debilitating work-related injury does not impact your financial future. Even if you’ve been paying Social Security for at least 5 of the last 10 years and have suffered an on-the-job injury that may disable you for 12 months or more, there is no guarantee that your application for Social Security …

Can a disability attorney request a social security exam?

The advantages to hiring a Social Security attorney rather than representing yourself include: You Improve Your Chances of Getting Benefits The claims process is confusing and full of delays. Studies show that Social Security disability applicants who apply without representation are more likely to be denied.

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 should you not say when applying for disability?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your 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 should I say in a disability interview?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

What kind of questions does Social Security Disability ask?

Dates you last worked; The names, addresses, phone numbers, and dates of visits to your doctors; The names of medications that you take and medical tests you've had; and.Feb 23, 2017

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's the easiest state to get approved for disability?

2020 SSDI approval rankingsRankState2019 rank1Kansas22New Hampshire33Wyoming14Alaska1846 more rows•Jan 11, 2021

Which state has best disability benefits?

The 10 Best States for Disability EmploymentStateDisability Employment Gap RankBest States Overall RankAlaska144Nevada237Mississippi348New Mexico4466 more rows

What does a disability lawyer do?

A disability lawyer will ensure ALL of your medical records are gathered and submitted to Social Security . Social Security will make a single attempt to get your records. If Social Security does not receive your records after a single attempt, they will make a decision on your case with an incomplete record.

Can I attend a disability hearing without a lawyer?

Do not attend a disability hearing without a knowledgeable lawyer. There will be at least one expert witness testifying at your hearing. If it is a vocational expert, you need a lawyer familiar with the Dictionary of Occupational Titles and its companion publication the Selected Characteristics of Occupations to cross examine the vocational expert.

Why do you need a lawyer for Social Security?

The advantages to hiring a Social Security attorney rather than representing yourself include: You Improve Your Chances of Getting Benefits. The claims process is confusing and full of delays. Studies show that Social Security disability applicants who apply without representation are more likely to be denied.

Who is Nancy Cavey?

Successfully obtaining Social Security Disability benefits takes skill, experience and talent. Nancy Cavey has been representing Social Security disability applicants for more than 35 years. She has received the highest rating for her legal skills by Martindale Hubbell, AVVO and from other attorneys.

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 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.

Can a claimant file a lawsuit without an attorney?

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.

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.

Who is Frank Jenkins?

Since opening his own law office in 1997, Frank Jenkins has dedicated his practice to helping disabled workers and individuals obtain the Social Security Disability benefits to which they are entitled.

Where did Jason Goss attend college?

Jason attended the University of Kentucky as an undergraduate majoring in English, with a focus on creative writing. Having fallen in love with the town of Lexington, there was only one choice for him – attending the University of Kentucky College of Law.

Why do you need an attorney before filing a claim?

Another important reason to hire an attorney before filing is that your attorney will actively assist in getting Social Security the evidence they need to decide your case. Social Security obtains your medical records from your doctors to decide your claim, but often do not obtain all of your medical records, and even deny claims ...

What happens if Social Security does not get the full story?

If Social Security does not get the full story, they will likely use your answers against you. Having an attorney who goes over these forms with you to make sure Social Security gets the full story can be vital to your case.

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 ...

Can I keep track of my disability?

You Can and Should Keep Track of the Status of Your Social Security Disability Claim. When you apply for Social Security Disability, your application will go through a few stages before it reaches a person who will either accept or deny your claim.

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.

What is disability lawyer?

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.

Why don't doctors help with disability?

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.

What is a vocational expert?

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.

What are the bad facts about disability?

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.

Why is it important to have an ALJ?

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.

What is grid rule?

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.

Why are lawyers more likely to win on appeal?

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.

Costs

The costs of hiring a Social Security lawyer are relatively straightforward: disability lawyers charge a fee that is regulated by federal law and is generally the lesser of 25% of your disability backpay or $6,000.

Why you should hire a social security disability lawyer

Most people agree that the benefits of hiring a Social Security disability lawyer far outweigh the costs listed above. This is primarily because a lawyer is a professional who offers an advanced education in law and a daily working knowledge of Social Security laws.

When should you hire a social security disability lawyer?

The general rule here is the sooner, the better. Many in this situation will try to get the ball rolling on their case and then contact a lawyer after running into problems in the process. This option is not always unsuccessful, but it certainly isn’t the recommended course of action.