attorney social security benefits what is needed to apply

by Nigel Cruickshank DDS 9 min read

An experienced Social Security disability attorney can help you sort out what you need to show and whether you are likely to be regarded as disabled. Work Requirements To qualify for Social Security Disability Insurance (SSDI

Social Security Disability Insurance

Social Security Disability Insurance is a payroll tax-funded federal insurance program of the United States government. It is managed by the Social Security Administration and designed to provide income supplements to people who are physically restricted in their ability to be employed because of a notable disability. SSD can be supplied on either a temporary or permanent basis, usually directly correlated to …

), a person must have a certain work history. The work history must include recent work and sufficient earnings.

Full Answer

Do you need a Social Security benefits lawyer?

The application process for Social Security can look simple, but if you have special circumstances or you are trying to organize a more comprehensive retirement plan, a Social Security Benefits Lawyer is prepared to assist you.

How does a Social Security Attorney get paid?

The attorney will have you sign a document that allows Social Security to pay the law firm directly. 3 Most lawyers will only get paid if they win your claim for you. If you get nothing, you owe the lawyer nothing.

Do I need an attorney to appeal my social security claim?

Every person has the right to be represented by an attorney or other representative while pursuing a claim or other rights under Titles II, XVI, and XVIII of the Social Security Act. This site contains information and links to assist both claimants and their representatives through the benefit and appeals processes.

Where can I get a Social Security disability attorney?

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.

image

What documents are needed to claim Social Security benefits?

Social SecurityYour Social Security card or a record of your number.Your original birth certificate, a copy certified by the issuing agency, or other proof of your age. ... If you were not born in the U.S., proof of U.S. citizenship or lawful alien status.More items...

What is the process of applying for Social Security benefits?

You can apply:Online; or.By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office. ... If you do not live in the U.S. or one of its territories, you can also contact your nearest U.S. Social Security office, U.S. Embassy or consulate.

What is the first step in applying for Social Security disability?

Step 1 — Go to www.ssa.gov/benefits/disability and select “Apply for Disability.” Step 2 — Fill out the Disability Benefit Application. Step 3 — Answer the disability questions. Step 4 — Mail or take the documents we ask for to your Social Security office.

What conditions automatically qualify you for Social Security benefits?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

How long does it take to start receiving Social Security benefits after applying?

approximately six weeksThe Social Security approval process is relatively speedy, but as it is a government program with a huge number of applicants, you can expect to wait approximately six weeks before you get your approval for benefits.

How long does it take for a Social Security application to be approved?

Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

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 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 monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What are the top 10 disabilities?

What Are the Top 10 Disabilities?Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries. ... Organic Mental Disorders. ... Neoplasms. Finally, the 10th top disability comes from neoplasms.More items...

What conditions are considered a disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

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 does the SSA work?

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.

What happens if you claim Social Security?

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.

Where can I get SSA-1696 form?

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.

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.

Does having a representative help with disability?

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.

Five Reasons Why You Should Hire an Attorney

Your lawyer will fill out your application on your behalf. They won’t miss anything and will be thorough with the application. So there’s no worry about any incomplete or wrong submissions.

How to Find Your Social Security Benefits Lawyer in Glendale

Now that you may be considering hiring an attorney, the next question that pops to mind is who to hire. The problem is that it’s not so easy. There are thousands of attorneys across the US.

How Much Do I Have to Pay?

Another question lingering in your mind would be to find out how much you have to pay the lawyer. The good news is that most attorneys work on a contingency basis. It means that they get paid only if and when they win your claim for you. You will both have to agree upon a fee amount, which Social Security in turn authorizes.

Conclusion

So if you are still wondering if you need an attorney for social security benefits, it’s left to you to decide. However, statistics show that the chances of success are higher with an attorney representing you.

What is the Social Security disability process?

First applicants gather medical records and submit an initial application. SSA reviews the records and application to determine if the applicant is indeed disabled and meets the requirements for Social Security disability benefits.

How can an attorney help prepare for the ALJ hearing?

Hiring an attorney can make sure your initial application is handled appropriately with proper documentation and all required records are included. Your attorney can then submit your request for reconsideration and then request a hearing with the ALJ.

What can a lawyer do for SS?

A SS lawyer will speed things along in case of avoidable delays, which can considerably improve the chances of you receiving your grant faster. - They will file appeals and represent you in hearings. If your application is denied, and you decide to appeal, a lawyer can help you formulate the best possible appeal.

What is the role of a Social Security lawyer?

The role of a Social Security lawyer is simply to be the bridge between you and the SSA. Applying for a disability grant can be quite challenging, especially if you are not familiar with the application process and the specific lingo used. It is here where the SS lawyer can help.

Can I apply for disability on Social Security?

For many, applying for a Social Security disability grant will be their only solution. While applying for a grant from the Social Security Administration, legal services can be provided to you upon your request.

Can a misunderstanding of terms hamper the proper completion of an application form?

- The can sort through and gather medical evidence on your behalf. If you take up the aid of an SS lawyer, you will need to sign a medical records release.

Do I need a lawyer to apply for Social Security?

So in short, if you are applying for a social security grant, you are not required to have a lawyer, but having one will ease the process considerably and also increase your chances of winning your case.

Is it hard to get a disability if you lose your income?

Financial hardship brought on by a loss of income due to injury is especially difficult to deal with. Not only do you have to deal with the health problems of the injured party but a significant loss of income will seriously affect the wellbeing of your entire family. For many, applying for a Social Security disability grant will be their only ...

How much do lawyers charge for Social Security?

Lawyers take their fees from any retroactive benefits you’re awarded from Social Security. The fee is limited to 25% of your past-due benefits , up to a maximum of $6,000. 1.

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

What happens if you get nothing from a lawyer?

Because the lawyer will likely have to request medical, school, work, and psychological records that come with a cost, they might pass on that fee to you. This should be a couple of hundred dollars at most.

Can a lawyer guarantee you will win?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win. With the help of a good lawyer, you’ll up your chances of winning, but lawyers can’t ethically say that they will win your case for you. If they do, that’s probably a lawyer to avoid.

Can lawyers speed up the process?

Just like lawyers can’t speed up the process, they also can’t guarantee that you’ll win.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

What is the law regarding Social Security?

Social Security law and regulations require payees to use the payments they receive for the current needs of the beneficiary and in their best interests. While serving as a representative payee, we encourage you to go beyond just managing payments and be actively involved in the beneficiary’s life.

What is a beneficiary in Social Security?

A beneficiary is a person who receives Social Security and/or Supplemental Security Income (SSI) payments. Social Security and SSI are two different programs. we administer both. Who Needs a Representative Payee? The law requires most minor children and all legally incompetent adults to have payees.

What is a payee in social services?

A community based, nonprofit social service organization, bonded and licensed in the state in which it serves as payee, or. A state or local government agency responsible for income maintenance, social service, health care, or fiduciary duties, and. Regularly serves as a payee for at least five beneficiaries, and.

How long do you have to spend your back pay?

You should spend the back payment within 9 months so that his or her total resources are below $2000 ($3000 for a couple). If you don't spend the money within 9 months after the month of receipt, an overpayment may occur and benefits may stop if countable resources exceed the $2000 ($3000) threshold.

What to do with money left after meeting the beneficiary's current needs?

Save any money left after meeting the beneficiary’s current needs in an interest bearing account or savings bonds for the beneficiary's future needs ; Report any changes or events which could affect the beneficiary's eligibility for payments; Keep records of all payments received and how you spent and saved them;

What is a power of attorney?

Power of attorney is a legal process where one individual grants a third party the authority to transact certain business for that individual. It does not lessen the rights of the individual and does not usually grant the third party the right to manage the individual's assets.

Is a power of attorney the same as a payee?

Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and manage a beneficiary's Social Security and/or SSI benefits. In order to be a payee, you must apply for and be appointed by Social Security.

image