how can i win my ssdi case without an attorney

How to Win a Disability Appeal Without a Lawyer There are various stages of the appeals process. First is filing a written request for reconsideration. If the SSA still denies your claim, you will need to go to an Administrative Law Judge (ALJ) hearing.

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Can I win a Social Security disability hearing without an attorney?

If you are a SSI or SSDI applicant who has a condition listed as part of the Compassionate Allowances (CAL) program (a list of 100 conditions including acute leukemia, adrenal cancer, Early-Onset Alzheimer s Disease, bone cancer and bladder cancer which the SSA assumes are so severe and debilitating that you will not be able to perform substantial gainful activity) than …

Can I win a disability case without having seen a doctor?

This is done through a medical vocational allowance and can be more difficult to prove without the assistance of a disability lawyer. Steps to expediting your SSI or SSDI claim if it does not meet a listing: Now that we have determined that your condition does not meet a listing and you will have to file an appeal there are some simple steps that if you have not done them already …

What are the chances of getting disability benefits with a lawyer?

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. Can you win SSDI without a lawyer? Yes, it’s possible to win a disability appeal without hiring a lawyer. …

Do I need a disability attorney to file an appeal?

Jul 05, 2020 · Yes, it’s possible to win a disability appeal without hiring a lawyer. The SSA also doesn’t require you to have one. But statistics prove that you are more likely to get approved if you have a lawyer. Why is that? First of all, lawyers have extensive knowledge of the legalities concerning disability claims.

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 are my chances of winning my SSDI hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.Sep 1, 2020

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).

What evidence do I need for SSDI?

Medical evidence already in your possession. 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].

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...•Oct 17, 2014

Can your SSDI be taken away?

Recipients of SSDI and SSI can have their disability benefits taken away for many reasons. The most common reasons relate to an increase in income or payment-in-kind. Individuals can also have their benefits terminated if they are suspected of fraud or convicted of a serious crime.Mar 14, 2017

How do I write a letter to dire for SSDI?

When writing your letter, make sure to share as much information about your current situation as possible. Explain why you consider it a dire need situation. Be sure to give details about why your situation is dire. Also, describe what you believe might happen if you are not approved quickly for assistance.

How do you prove chronic pain?

Imaging and Nerve Tests If your healthcare provider suspects your chronic pain is caused by bone, muscle or nerve damage, he may have you undergo a scan or nerve testing. These include x-rays and MRIs, which can reveal underlying bone and tissue damage.Jun 7, 2020

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

Do I have to see a doctor to keep SSDI?

As part of the SSA's requirements for Social Security disability insurance (SSDI) benefits or Supplemental Security Income (SSI), you must be diagnosed with a medical condition ("impairment") by a licensed doctor or psychologist.

What are the hardest states to get approved for disability?

Oklahoma is the hardest state to get approved 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 claims approved.Jan 11, 2021

How far back does Social Security go for back pay?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

What happens if you are denied a disability?

If you get denied, you won’t have to pay anything. It’s essentially a win-win situation. But if you’re confident that you can win your case yourself, here are some tips and tricks to ace the disability appeals process.

How long does it take for a disability to be reconsidered?

The SSA only gives you 60 days to file a request for reconsideration. If you fail to do so, you will have to start the application process all over again. Another thing you need to secure is relevant medical evidence to support your claim.

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.

What evidence do you need to prove your disability?

Among the evidence you need to get are medical records and doctor’s opinions. Take note that you only need to get “relevant” ones. Meaning, only those that can help prove your disability. If your claim is based on a shoulder injury, you don’t have to submit dental or gynecology records.

What happens if you don't have a lawyer at a disability hearing?

If you don’t have legal representation at the hearing, the judge won’t expect you to act like an attorney. They will walk you through the process. You also won’t be expected to know medical terms like a doctor. Instead, the questions will largely focus on your personal experience and how your disability affects your capacity to do things.

What to do if SSA denies claim?

First is filing a written request for reconsideration. If the SSA still denies your claim, you will need to go to an Administrative Law Judge (ALJ) hearing. If after the hearing your claim still got denied, you can go to the Appeals Council who has the final say.

How long does it take to get a hearing with the ALJ?

Like the request for reconsideration, you only have 60 days to request a hearing with the ALJ. You can submit the request online or print the forms (Form SSA-3441, Form SSA-827, Form HA-501) and bring it to the SSA office nearest you. They also accept applications by phone. Just contact your local SSA office.

What is the step 3 of the ALJ?

Tell the Judge what it is like to be you: At Step 3 you appear before an Administrative Law Judge (“ALJ”). It’s at Step 3 that the Agency actually puts you under oath and asks you questions. It is also at Step 3 where you get to tell the judge what it’s like to be you. THIS IS YOUR BEST CHANCE OF WINNING.

How do I contact Social Security Disability?

This is all we do. 1- (804)-733-3100. (We do not charge anything to review a claim.)

What is a CE exam?

If your file contains insufficient medical evidence, in many cases Disability Determination Services (DDS) will arrange for you to attend a consultative examination (CE) with a doctor paid by Social Security. With few exceptions, the physicians who perform the "independent" disability exams for Social Security rarely write reports favorable ...

How long does a disability exam last?

Oftentimes the consulting doctor specializes in an area of medicine completely unrelated to your alleged impairment, and performs a perfunctory exam that lasts fifteen minutes or less .

Can you file for disability if you are unable to work?

If you're filing for disability benefits because you're unable to work, Social Security requires that your impairments be documented with medical evidence. The strength of a disability claim often depends on the nature and quantity of the medical treatment received. In some cases, however, an individual may be found disabled even ...