attorney to represent someone who has been denied by permanent disability

by Antonia Kautzer 7 min read

If you are disabled and have been denied the benefits that you are eligible to receive, speak with a Social Security Disability Attorney in Highland, IL, as soon as possible about your case. The Social Security Disability Attorneys at Hassakis & Hassakis, P.C., are committed to helping residents that have been denied SSD with their cases.

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What happens if I do not have an attorney for disability?

Aug 15, 2019 · Many people are denied benefits because they don’t know what the process entails and many don’t know that they can fight and appeal if social security administration chooses to deny their claims. Having a social security disability attorney will not only ensure you are approved, but they are also going to work for you if you are denied.

Should I hire a lawyer for my Social Security disability case?

Aug 08, 2018 · If you have to attend a court hearing for your disability claim, you have the right to be represented by an attorney. A disability attorney can help you prepare for court and advocate for you during the hearing. Overall, they are there to ensure that you get the best results. Other duties of a disability attorney include: Requesting subpoenas; Preparing you to testify; …

Can I represent myself during a Social Security disability appeal?

Jun 12, 2019 · If you have been injured at work and are permanently disabled, you should seek legal advice from the best Los Angeles permanent disability attorney. Contact us today for a free consultation by calling at 818-609-7005.

What does a disability attorney do for You?

Texas Social Security Disability Our practice is committed to securing benefits for individuals who have been denied Social Security Disability or Supplemental Security Income. Attorney Marc Whitehead is Board Certified in Social Security Disability Law by the National Board of Social Security Disability Advocacy.

How do I fight a disability denial?

If we recently denied your disability claim for medical reasons, you can request an appeal online. A reconsideration is a complete review of your claim by someone who did not take part in the first determination. We will look at all the evidence submitted used in the original determination, plus any new evidence.

What disqualifies a person from disability?

You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).

Why does my disability keep getting denied?

Here are some common leading reasons claims are often denied: Lack of medical evidence. Prior denials. Too much earnings.

What happens if you get denied disability twice?

Many applicants who are applying for SSDI are initially denied benefits. If this happens to you, you are able to file an appeal. if your claim is then denied a second time, you can request a hearing and continue the application process.Dec 29, 2020

What should you not say in a disability interview?

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 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

Is it normal to be denied disability first time?

Home » Frequently Asked Questions » Does Social Security Disability Deny Everyone the First Time They Apply? No, the Social Security Administration (SSA) does not deny everyone the first time they apply.

How can I increase my chances of getting disability?

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...•Oct 20, 2019

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.

Why are SSDI claims denied?

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.

How many SSDI claims are denied?

The percentage of applicants awarded at the reconsideration and hearing levels are averaging 3 percent and 13 percent, respectively. Denied disability claims have averaged nearly 53 percent.

What percentage of disability claims are denied?

Approval Rates For Denials Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.Aug 10, 2018

What Can Happen?

If you have been injured at work and are permanently disabled, you may be denied a claim by workers compensation insurance, or your claim could be delayed or miscalculated.

What About Social Security Disability Benefits?

We know that this may also be an option for you, and we can help. You may have heard that around only 30 percent of claims are awarded benefits after the initial application process with the Social Security Administration.

We Want To Help You Today

If you or someone you care about has been disabled and needs help getting the benefits they deserve, please seek legal assistance. At the Law Offices of Kropach & Kropach, we are ready to step in and handle your case.

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When you are disabled and can no longer work to earn a living, the lawyer you choose can make all the difference. Our disability denial attorneys are seasoned litigators, with vast experience throughout the Texas state court system and in U.S. federal court.

Texas ERISA and Long Term Disability Insurance Claims

If your employer provides long term disability coverage through a group plan, most claims to receive benefits will be governed by federal ERISA law. When the insurance company rejects your claim, it is essential to have an experienced Texas ERISA claim attorney representing you.

Texas Social Security Disability

Our practice is committed to securing benefits for individuals who have been denied Social Security Disability or Supplemental Security Income. Attorney Marc Whitehead is Board Certified in Social Security Disability Law by the National Board of Social Security Disability Advocacy.

Our Texas disability attorneys serve claimants across the state

Please click the links below to learn more about our disability representation in your area.

What is permanent disability?

Permanent and Total Disability. A person who is injured at work, or who becomes ill as a result of their work, may be entitled to workers’ compensation benefits. This can include coverage for medical expenses and lost wages. The amount of wages an injured or sick worker can receive is based on the degree of their disability.

How long can you receive disability benefits?

In other words, you may receive benefits for as long as your disability lasts.

Can you get permanent disability if you have a work related injury?

To qualify for permanent and total disability benefits, your work-related injury or illness must leave you unable to perform any type of work, not just your previous job. If you can perform other type of work despite your disability, your injury does not qualify as permanent and total. In some cases, a temporary total disability will stabilize ...

What to do if your Social Security disability is denied?

If your initial application for Social Security disability benefits has been denied, it may be a good time to talk to a lawyer. If your application for disability has been denied and you intend to appeal, you can either file a reconsideration appeal on your own, or find a claims representative to do this for you.

How long does it take to appeal a Social Security denial?

Social Security allows 60 days from the date of denial (plus 5 days grace for mailing time) for an appeal to be at the Social Security office.

How long does it take to get a reconsideration from Social Security?

A surprising number of disability claimants miss this deadline; they make the mistake of thinking the deadline is that their request for reconsideration has to be postmarked within 60 days from when they receive their notice of denial. It actually has to be in the Social Security office, not postmarked, within 65 days from the date stamped in ...

Who decides the second appeal?

The second appeal is decided by a federal administrative law judge (ALJ) at a disability hearing, and before your hearing you should absolutely have legal counsel. (Here's how a lawyer will help you at the hearing .)

Can a disability attorney help you change your odds?

A representative (a disability attorney or non-attorney representative) may be able to help change your odds if you omitted something important on your application, but there's no guarantee. This means you will likely have to file a second appeal.

What is a disability lawyer?

A Disability Lawyer can win your case and prevent an unnecessary denial. Representation can be invaluable for winning a Social Security Disability or SSI disability claim. At the hearing level, a disability attorney or non-attorney representative (many non-attorneys are former Social Security Administration staffers or former disability examiners) ...

Can a non-attorney handle SSI?

Social Security law is intricate, complex, and detailed and SSD and S SI claims should not be handled by amateurs who have no real understanding of Social Security rulings, the code of federal regulations, the dictionary of occupational titles. A non-attorney disability representative who has past work experience in the Social Security system often ...

Do you have to pay a fee if you win a disability case?

When you are represented by a disability lawyer or non-attorney disability representative, you are charged a fee if your case is won, not if it is lost. However, win or lose, you may have to reimburse the disability attorney for incidental expenses that are incurred on your case. Some of these are quite reasonable, ...

What percentage of disability claims are denied?

Getting an Unfavorable Decision. If your initial disability application was denied, you are not alone. Approximately 65-70% of all initial applicants are denied disability benefits. Though this may seem like a large amount, claims are denied for all different reasons. After you are denied, you will have the option to appeal your decision ...

What to do if denied Social Security?

After you are denied, you will have the option to appeal your decision and improve your claim. If you have applied for Social Security Disability benefits and are faced with an unfavorable decision, do not panic. If you are denied Social Security disability, you can fight the decision.

Is it common to get denied at the initial stage of disability?

While some may feel a great sense of indignity over being denied at the initial stage of a disability application, it is important to remember that such initial-stage denials are actually quite common.

Is disability a stressful time?

Suffering an injury or being diagnosed with a disability can be a very stressful and frightening time. More than likely you will be worried about how you will support yourself and your family, especially if the disability prevents you from carrying out your job.

What does an attorney do for a disability?

What he or she can do is provide you with valuable guidance on how to gather the appropriate medical documentation needed to prove your disability case and how you should submit your application in the best light possible in order to increase your chances of being approved at the initial application stage.

What happens if my initial disability application is denied?

If, for some reason, your initial application is denied, your attorney can help you through the Social Security Disability appeals process and he or she will already be familiar with your case, having helped you prepare the information that was submitted with your claim. If your initial application for disability benefits is denied ...

How many appeals are won at a disability hearing?

This is where you will have your greatest chance of overturning the Social Security Administration's decision to deny your disability benefits. Nearly two-thirds of appeals are won at the disability hearing. With that being said, it is important to remember that your chances of actually receiving a favorable decision at your disability hearing are ...

What is the first step in the disability appeal process?

The first stage of the appeal process is called the Request for Reconsideration stage. When working with a disability lawyer, your attorney is likely to explain to you ...

What happens if you don't have an attorney?

If you do not have an attorney representing your case, you may waste years of time, effort and money trying to represent yourself. In the end, you may have to turn to the services of a qualified attorney when you are forced to file a second (or even third or fourth) claim for Social Security Disability benefits.

Can you represent yourself in court?

There is an old adage that states that a man who represents himself in court has a fool for a client. In some Social Security Disability cases, this may prove true. If you decide to represent yourself during your disability appeal and you lose your case because of it, you will likely have to re-apply for benefits all over again.

Can you be cut and dry on Social Security?

If, however, you are suffering from a disabling condition that is not covered in the SSA's listing of impairments or if your is not “ cut and dry,” you may have a problem proving your disability case to the Social Security Administration.