after filing second application for ssi beinifits through a attorney what can happen

You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court. A common situation that requires a fee petition is where a claimant has a former disability lawyer who did not waive his or her fee when the client hired a new lawyer.

Full Answer

What happens if you file a second SSA disability claim?

If you are filing a second SSA disability claim (under Social Security Disability or SSI), the chances are you did not appeal your initial disability denial or perhaps you have gone through the entire appeal process and were not approved for disability benefits. If you did not appeal your initial disability claim denial, here is some advice: If your initial disability claim is denied, the best …

When to apply for SSI after leaving a public institution?

Visiting our Apply Online for Disability Benefits website to start the disability application process online. You may be eligible to apply for SSI through the online disability application. Calling us at 1-800-772-1213 (or TTY 1-800-325-0778 if you are deaf or hard of hearing) and making an appointment to apply for SSI.

How does the SSA pay for a disability attorney?

May 21, 2021 · 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. 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 …

How to apply for SSI if you are deaf or hard of hearing?

Sep 16, 2019 · The Social Security Administration can be reached by phone or online, and a person can file for their benefits through this process. However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the …

How long does reconsideration for SSI take?

How many times can you appeal SSI?

Who makes the final decision on SSI?

How do you win SSI reconsideration?

How often does SSI review your case?

Why would SSI be denied?

How do I find out if my SSI claim is pending?

Why does SSI take so long?

What does SSI pending mean?

What happens when you ask for a mandatory reconsideration?

Are mandatory reconsiderations ever successful?

What is a reconsideration for disability?

You Can Apply For SSI Benefits by

Visiting our Apply Online for Disability Benefits page to start the disability application process online. You may be eligible to apply for SSI thr...

You Have The Right to Receive Help from Social Security

We will complete the application forms for you based on information you give to us.We will help you get documents you need to show that you meet th...

You Have The Right to A Representative

You may appoint someone as your representative to help you with your SSI claim and go with you to your appointment(s) with us.

You Have The Right to A Notice

We will notify you in writing of any decision about your SSI eligibility or change in benefit amount. We will also send copies of all notices to yo...

You Have The Right to Examine Your File

You or your appointed representative may request and examine or get a copy of the information in your case file. Also, you or your representative m...

You Have The Right to Appeal

You may appeal most determinations we make about your eligibility for SSI or changes we make in your benefit amount.

How do I apply for SSI?

You can apply for SSI benefits by: Visiting our Apply Online for Disability Benefits website to start the disability application process online. You may be eligible to apply for SSI through the online disability application. Calling us at 1-800-772-1213 (or TTY 1-800-325-0778 if you are deaf or hard of hearing) and making an appointment ...

When does SSI end?

If you are a disabled youth in foster care, eligibility for foster care payments in most States ends when you attain age 18. You may need the income support and health services that result from SSI eligibility to ease the transition to independent living. To help with this transition, SSA may accept an SSI application from you up to 180 days before your foster care eligibility ends due to age.

What happens if I don't keep my SSI appointment?

The letter will say that if you file an application within 60 days from the date of the letter, we will use the date of your original contact with us as your SSI application date.

Where can I get a copy of my case file?

You or your appointed representative may request and examine or get a copy of the information in your case file. Also, you or your representative may access www.ssa.gov/ssi/ssi-law-regs.htm to review and copy the laws, regulations and policy statements used in deciding your case.

Do you have to provide information to get SSI?

You will have to provide information and work with us to get documents concerning SSI eligibility.

Do you have to go to the medical exam to get SSI?

If you are applying because you have a disability or are blind and we decide that the medical information needed to make a determination is not available from existing sources, we will pay for you to have a medical exam or test and make the appointment for you. If you need a medical exam or test, you must go to the exam or test before we can determine whether you are eligible to receive SSI. In some circumstances we may also pay your travel costs to get to this exam or test.

Can you appeal SSI?

You may appeal most determinations we make about your eligibility for SSI or changes we make in your benefit amount.

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.

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 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.

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.

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.

Can you verbally appoint a representative for Social Security?

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.

What does an attorney do for a disability?

An attorney representing you will assist you with the application, and when presenting the case, they can focus on the factors of the disability that support your need for compensation. In addition, the attorney will make sure that you have all of the current medical information that supports your disability claim, ...

Why is my disability denied?

This denial is usually because the applicant did not complete the paperwork correctly or they failed to provide the medical information asked for on the application.

How long did you have to work to get unemployment benefits?

Everyone who reached the age of 62 could apply for these benefits as long as they had worked at least ten years and had paid into the system.

Can an attorney anticipate an appeal?

Your attorney will also be able to anticipate the need for an appeal, and they will be ready to work on the case until you have the compensation that you deserve.

Is an attorney always user friendly?

However, the application is not always user-friendly, and in addition the applicant needs to provide a lot of information and documentation that they may find hard to uncover. That is when the attorney can assist the applicant and move the process ahead.

How much do disability representatives get?

In the vast majority of cases, representatives (whether they are attorneys or, like Citizens Disability, specialized advocates) will receive 25% of any back due benefits you may be entitled to, up to $6,000. Even if 25% of your back due benefits equals more ...

What is Citizens Disability?

Since 2010, Citizens Disability has been America’s premier Social Security Disability institution. Our services include helping people in applying for SSDI benefits, managing the process through Reconsideration, and representing people in person at their Hearing, and if necessary, bringing their case to the Appeals Council. Our mission is to give a voice to the millions of Americans who are disabled and unable to work, helping them receive the Social Security Disability benefits to which they may be entitled. Learn more about us and disability benefits like SSDI & SSI or give us a call (800)492-3260.

What is disability advocate?

Disability advocates (and attorneys who provide this service ) perform a wide range of responsibilities at all stages of the application process, including helping to file your application, ensuring appeal deadlines are met, collecting evidence, and most critically, developing the strategies and arguments that will help ensure a successful outcome.

Do you have to pay a representative fee for disability?

Almost all disability advocates (including Citizens Disability) work on “contingency,” meaning they don’t collect a fee unless you win your claim. If you are found to be not disabled, you don’t have to pay anything to your representative. Representative fees in disability claims are determined by the Social Security Act.

Where to file a child disability report?

You can complete the Child Disability Report at www.ssa.gov/childdisabilityreport if you are filing for a child.

Do you have to be a lawyer to be a representative?

Your representative does not have to be a lawyer, but he or she must have certain qualifications. For example, attorneys must be licensed and all others must have good character and skills to help you. Also, the representative cannot be someone who is disqualified or suspended from representing individuals before us or is prohibited by law from acting as a representative.

Can a representative charge more than the amount we authorize?

The representative you appoint may not charge you a fee that is more than the amount we authorize.

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

How much money do you pay for disability after a hearing?

In the typical case where a claimant is approved for benefits after a disability hearing, the expenses will usually be no more than a few hundred dollars.

What is a fee petition?

A fee petition must contain an itemized list of the attorney's activities on the case. Your attorney will send the fee petition to Social Security after your case is complete, and will send a copy to you as well. Social Security will approve the petition only if the fees requested by the attorney are reasonable.

What does a disability attorney charge for?

Disability attorneys often incur up-front costs in pursuing a disability case, mostly from obtaining medical records and getting opinions from treating doctors. Your lawyer may also charge you for the cost of postage, travel, copying, and long-distance phone calls. Your attorney will ask you to sign an expense agreement when you hire him or her.

What are some examples of disability hearings?

Here are some examples: You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.

Can a disability lawyer charge a fee?

A disability lawyer can petition to charge you a reasonable extra fee if you have to appeal your case multiple times before you win . Sometimes a disability case will require multiple hearings, an appeal to the Appeals Council, or even a trip to federal district court. These sorts of cases can drag on for many years and require a lot ...

Can Social Security approve a petition?

Social Security will approve the petition only if the fees requested by the attorney are reasonable. Social Security's decision as to whether the requested fee amount is justified will take into account the nature and amount of work performed by the attorney, the complexity of the case, the attorney's knowledge and experience, ...

What happens if SSA makes a favorable decision?

If SSA makes a favorable decision on the claim, SSA will either approve or disapprove the fee agreement when it issues the favorable decision. If SSA's decision on the claim is unfavorable, SSA does not make a determination on the fee agreement and will not provide notice about the fee agreement.

When does a claimant file an agreement with SSA?

The claimant or representative filed the agreement with SSA before the date SSA made a favorable decision. In concurrent titles II and XVI claims, the date of the favorable decision under the first title decided is controlling for both titles.

What happens if a claimant appoints a representative after submitting a fee agreement?

Therefore, if the claimant appoints a representative after submitting a fee agreement, the representative must sign onto the first agreement or the claimant and representative must submit an amended agreement signed by all.

What percentage of past due benefits exceeds the specified amount?

If 25 percent of the past-due benefits exceeds the specified dollar amount (e.g., $6000), the representative receives a fee equal to the specified dollar amount and retains the right to petition for an additional fee. (Representatives retain the right to request administrative review under the fee agreement process; however, they may not substitute the fee petition process for the fee agreement process once SSA issues a favorable decision.)

How much does a third party pay for unemployment?

A named third party will pay the representative a fee equal to the lesser of 25 percent of the past-due benefits or the specified dollar amount (e.g., $6000), and the claimant will have no financial liability for paying the authorized fee.

When did the SSA increase the dollar amount?

In a Federal Register Notice published February 4, 2009 (74 FR 6080) SSA announced an increased dollar amount that may be authorized under the fee agreement process. The increased specified dollar limit may apply for fee agreements approved on or after June 22, 2009.

Is a fee petition interchangeable?

The fee agreement and fee petition processes are not interchangeable. However, if a representative elects the fee agreement process but we do not approve the agreement, or uphold a disapproval of a fee agreement on administrative review, the representative must file a fee petition if he or she wants to charge and collect a fee.

How to appeal a Social Security decision?

First, you can send your claim to the Appeals Council, who will review all aspects of your case to determine whether it was decided in full accordance with Social Security law and applicable regulations. This council will be composed of other administrative law judges – they won’t accept any new documentation at this point, and you will not get an opportunity to talk or meet with them directly. At this point, they have the option of sending your claim back to the administrative law judge, they can decide a different ruling for themselves or they can confirm the decision of the original judge. You should note that it’s rare for a decision to be overturned at this point – it only happens 2% to 3% of the time.

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.