do you really need an attorney when applying for disability

When you’re applying for social security disability benefits, hiring a disability lawyer is not required by law. But doing so can be very beneficial for your case. According to the SSA, denied social security disability claims average at 53%.

Full Answer

Should you hire a disability lawyer?

May 21, 2021 · 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 much does a Social Security disability lawyer cost?

Jan 07, 2020 · You do not need to hire a disability lawyer to apply for Social Security disability benefits. In the United States, any litigant can choose to represent themselves. However, we recommend hiring an attorney to represent you during the entire Social Security disability application process.

When to talk to a Social Security disability lawyer?

Do I need a lawyer if I’m applying for disability benefits for the first time? Yes, it’s a good idea to use a lawyer for your initial application. The Social Security Administration (SSA) denies a large percentage of first-time applications.

What are the benefits of being an attorney?

Apr 17, 2020 · As with any legal or government matter, you do not have to have the representation of a Social Security Disability attorney to file a disability claim. You are certainly welcome to represent yourself, fill out the application on your own, and go to the hearing without an attorney. However, there is a difference between a requirement and a need.

What are the chances of getting approved for disability?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

What conditions automatically qualify you for disability?

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...

Does disability usually deny you 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. ... There are several reasons the SSA denies applications, many of which are avoidable.

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 are the top 10 disabilities?

5 days agoWhat Are the Top 10 Disabilities?Musculoskeletal System and Connective Tissue. This group made up 29.7% of all people receiving Social Security benefits. ... Mood Disorders. ... Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries.More items...

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

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)Mar 2, 2021

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

Should I Get a Lawyer Before Applying for Disability?

A disability attorney can evaluate your specific situation and advise you on which kind of benefits to pursue. They can also clarify Social Security’s terminology, help you fill out the application, and assist you with the paperwork needed to satisfy Social Security’s requirements.

What Does a Disability Lawyer Do?

A disability lawyer will review your denial letter to determine why Social Security denied you disability benefits. Any inconsistencies will be addressed using updated medical records, prepared testimony, and vocational and medical experts, solidifying the disability case you present to an Administrative Law Judge (ALJ) during your hearing.

How to Find a Good Disability Lawyer

To find a good disability lawyer, we recommend speaking with friends and family who have been through the disability benefits process.

What to do if your disability is denied?

In addition, if your claim is denied, you will already have an advocate who is ready to fight for the benefits you deserve.

What is the requirement to become a lawyer?

First, lawyers must graduate from an accredited law school and pass a rigorous state bar exam. In addition, a lawyer is obligated to maintain attorney-client privilege, which means that all of your communication is strictly confidential.

Does the SSA expedite disability claims?

Additionally, there are circumstances wherein the SSA will actually expedite disability claims through its Compassionate Allowances program. Veterans or those with certain medical conditions may qualify for this expedited processing. However, claimants must meet specific requirements and deadlines in order to qualify.

Can a lawyer help with disability?

Therefore, it’s best to consult a lawyer with extensive knowledge of the Social Security system to obtain the best result. Further, a lawyer can help people in other special categories receive disability benefits. This includes those who have visual impairments but do not meet the SSA’s legal definition of blindness.

Is it stressful to be disabled?

Published by The Sam Bernstein Law Firm at June 2, 2020. Few things are more stressful than becoming disabled as the result of an illness or accident. Between coping with a serious health issue and the financial strain of being unable to work, it’s natural to feel overwhelmed. You may wonder if you need a lawyer to receive disability benefits.

How Can a Social Security Disability Attorney Help Your Claim?

If you are in the position to file for SSD benefits, you likely need the help of an experienced Social Security Disability attorney. You are probably already dealing with enough issues based on your health and medical status that representing your own SSD claim could be overwhelming.

The Most Common Reasons SSD Claims are Denied

A seasoned Social Security Disability attorney is familiar with the reasons that SSD claims are denied and works to avoid them in your case. They can avoid delays in your claim by providing the necessary and correct evidence required with your initial application. They can tell you what steps you can take to strengthen your claim.

Can You Afford a Social Security Disability Attorney?

One major obstacle that keeps SSD claimants from hiring their own SSD lawyer is fear about what legal services will cost them. After all, they are applying for SSD because they need money. They do not feel they should be spending money to get money. However, there are several aspects of SSD attorney fees to understand.

The Importance of Meeting with an SSD Attorney Sooner Than Later

If you or your doctor believes you might qualify for SSD benefits, the best time to meet with an attorney is sooner rather than later. It can take some time to collect the information and documentation to apply for benefits, and once your application is submitted, it could be months before it is processed.

Hire a Skilled Social Security Disability Attorney to Represent Your Claim Today

There are, unfortunately, many obstacles to getting a Social Security Disability claim approved. From providing thorough documentation to following your doctor’s advice, you may be overwhelmed with all that you must do. You might be afraid of how much an attorney might cost.

What happens if you have never applied for disability?

If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application. The information you’ll provide them about your denied disability is essential.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to explain disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that: 1 your condition meets a disability listing 2 you cannot go back to your previous work or engage in any substantial gainful activity 3 your “limitations” prevent you from working 4 you cannot even do a sedentary type of work

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

Benefits of hiring a lawyer prior to filing your SSDI application

Many disability lawyers will not file the SSDI application for you. In fact, it is generally up to you to contact the SSA and the complete the process. A disability lawyer can, however, offer you legal advice about how to improve your chances of winning benefits.

When should I NOT hire a lawyer for your SSDI application?

Not all claimants will need to hire a lawyer before or after they submit a SSDI application. If you have a condition and corresponding symptoms which definitely meet or equal a listing or a condition on the Compassionate Allowance list, assuming you meet all of the nonmedical requirements for SSDI, you will not need legal help.

Do I need to hire a lawyer if SSDI application is denied?

Claimants who hire disability lawyers generally do so right after they have been denied SSDI benefits the first time. If your SSDI application is denied and you have the right to appeal the denial, you have 60 days to file your SSDI appeal.

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer

When you think you won't be able to work for a long time, have a free consultation with a disability lawyer.

Why Hire a Disability Attorney?

The most important reason to hire an attorney to help with your disability case is that your chances of being approved are significantly increased.

When Should I Call a Lawyer?

The general rule is "the earlier, the better." If you're even considering filing for disability, you should call a disability attorney for a free consultation. Your attorney can help you evaluate the strength of your case and assist you with your initial application.

Amy L. Nadeau-Justin

There is no short term disability through social security. A disability has to last, or be expected to last at least 12 consecutive months. Short term disability should be pursued through your employer.

Dax Jordan Lonetto

You are not required to have an attorney in order to apply for disability benefits. However, it may be a good idea to hire one on case you have additional questions in the future.

Ethan K. Pham

You do not need a lawyer to apply for disability benefits, but it would probably be a good idea to at least consult with a good local attorney. You mentioned you need to go on temporary disability, but for Social Security Disability you are required to prove you are expected to be disabled for at least a year or longer.

Daniel S. Jaffe

You should contact an attorney that specializes in these matters and is familiar with the SSA judges in your area. It sounds like you may have a good case, and the judges out of the Jericho hearing office (where your hearing would likely be held) are pretty fair.

Samuel K Silverman

Your age is very significant in your situation. I think you need to at least sit down with an attorney to talk to you about how SSA regulations apply to you.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

What happens if you are denied a disability?

When your claim is denied, you will be sent a notice of denial. That notice will explain why your claim was denied and/or what evidence was lacking. Your disability lawyer will be able to review that denial notice and determine what needs to be provided to get your claim approved.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

How long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

Can a lawyer help with Social Security disability?

Social Security Disability attorneys understand the application process. They know how to present your case in a way that makes your disability obvious and not a matter of conjecture, and can assist you in obtaining the necessary medical documentation from your doctor and the hospitals where you received treatment. A lawyer can help you understand the Blue Book listing and make sure you meet the criteria. The risk of your claim being rejected due to insufficient medical proof of disability is greatly reduced.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

Do I need an attorney to file for disability?

Filing for Social Security Disability benefits can be a complicated and confusing process. Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied. While you don’t technical ly need an attorney to represent you ...