do you need attorney when you first apply for ssdi

by Angel Abshire 5 min read

En español | It's not required, but you do have a right to professional representation in your dealings with the Social Security Administration (SSA). This could be an attorney, or a disability advocate who isn't a lawyer but has passed an SSA-administered exam and met other educational and occupational requirements.

How hard is it to get approved for SSDI the first time?

The first thing you have to keep in mind is that it isn't, impossible but it does require time and patience. Right now, over 77% of people who apply for disability benefits get denied on the first try. This means less than 1 in 4 applicants are getting approved for disability benefits the first time they apply.

Does everyone get denied SSDI the first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

How long must you be disabled before you receive your first Social Security disability payment?

five full monthsUnder the law, your payments can't begin until you've been disabled for at least five full months. Payments usually start with your sixth month of disability.

What evidence do I need for SSDI?

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].

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...•

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?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•

How does SSDI calculate back pay?

Calculating SSDI Back Payments Count the months between your EOD and application date to determine retroactive months. The number of months between the EOD and approval date, minus the five-month waiting period, plus the retroactive months, times your monthly payment equals the total amount of back pay due.

How long does it take to get disability with a lawyer?

This process often takes anywhere from two to six months. Those denied a second time have the right to appeal and request a hearing in front of an administrative law judge. Depending on where you're located, receiving a hearing date could take anywhere from several months to a year.

Is it hard to qualify for SSDI?

But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year. In other words, less than one-third of initial claims are approved.

What are the hardest states to get approved for 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.

How many months in advance should you apply for Social Security benefits?

four monthsYou should apply no later than the month in which you want your benefits to start. You can file up to four months before that, which gives Social Security ample time to process your application. As the minimum age to collect retirement benefits is 62, the earliest you can apply is when you reach 61 years and 9 months.