how fast can an attorney get you ssi disability

Full Answer

Can a Social Security disability attorney help speed up the process?

Having an attorney or advocate represent you during the Social Security disability application and appeals process might speed up the process. While there is no fast-track for individuals who are represented by professionals, attorneys and advocates know a few things that might be able to get a decision on your claim faster.

How much does a disability lawyer cost for SSI?

People applying for SSI may also be interested to know that the payments to disability lawyers in these cases tend to be lower. Our survey showed that the overall average attorney's fee was $2,900 in SSI cases.

When can I talk to my lawyer about my disability case?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.

How long does it take to get Social Security disability benefits?

Be sure to notify Social Security at the start of the application process that the condition stems from your period of service. All SSDI claims are subject to a waiting period for benefits. The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide.

Can you speed up disability process?

The Social Security Administration (SSA) can expedite processing for disability applicants who have certain medical conditions, face especially trying personal circumstances or served in the U.S. military.

How long does it take to get SSI Once approved?

about 3 to 5 monthsGenerally, 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.

What's the quickest you can get disability?

The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.

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.

How much SSI back pay will I get?

The calculation is rather simple. The SSA takes the months between your application date and your approval date and multiples it by your monthly payment. If you receive the maximum payment of $735, and it took the SSA eight months to approve your claim, you would be entitled to $5,880 in back pay.

How do you know if your SSI is approved?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

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.

How is disability amount determined?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

Will SSI release backpay early?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.

What is the hardest state to get disability?

OklahomaOklahoma 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.

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 factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

How many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

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.

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.

Sue Holm

Cheryl -- While an attorney cannot make Social Security respond faster to your application for disability benefits, an attorney who is experienced in Social Security can work with you and your doctors to ensure that Social Security has the documentation...

Marilyn Hamilton

Hiring an attorney is not a guarantee of getting approved, or of getting approved faster. What an attorney can do is try to get adequate evidence for SSA to consider, including (as needed) obatining medical opinions from treating doctors, psychologists, and other medical professionals.

L. Maxwell Taylor

Probably not. There are many thousands of people applying for Social Security Disability benefits and it takes time for applications for benefits to work their way through the system. No lawyer is necessary in the early stages of an application for SSDI. Lawyers who...

Clifford Michael Farrell

You can apply for SSD and/or SSI if you either have already been off work 12 months, or have medical problems that are expected to last 12 months. You do not need to wait until you are done with your short term benefits to start the SS process - and in fact starting now will speed things up.

Nancy Beth Combs

There is a 5 month waiting period for Social Security Disabilty Insurance (SSDI) benefits. I assume by "short term disability" benefits you mean private disabilty insurance you receive through your work.

How to contact SSI disability?

Contact us online today for more information. We can also be reached at (618) 732-0146.

How do I qualify for SSI?

The requirements for SSI require you to have little to no income, and one of the following: 1 You must be at least 65 years old. 2 You must be blind. 3 A determination that you are disabled must be made.

What is SSI?

Supplemental Security Income, or SSI, is a federal program funded by taxpayers to assist eligible older adults, people who are blind, and people with disabilities who have low-income or few resources. The program provides eligible individuals with monthly cash for necessities such as food, shelter, and clothing based on financial need.

SSI Requirements

A person must meet the following general requirements to be eligible for SSI:

SSI vs. SSDI

Another federal program, called Social Security Disability Insurance (SSDI), is often confused with SSI. While both programs are administered by the Social Security Administration and follow the same medical requirements, they are completely separate.

How an SSI Disability Attorney Can Help

If you have an illness or injury preventing you from working, both the SSI or SSDI programs can help you. The application process can take time and, unfortunately, doesn’t always guarantee you’ll get benefits.

How Cochran, Kroll & Associates, P.C., an Help You

Whether you need help successfully navigating the SSI application process or challenging your benefits decision, Cochran, Kroll & Associates, P.C., can help you ensure you get the benefits you deserve. Call our law office today at 866-MICH-LAW (866-642-4529) to set up a free consultation.

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.

How to speed up disability claim?

Social Security has several other programs and procedures to speed up particular disability claims: 1 Applications that indicate the claimant’s condition has reached a terminal stage can be moved to the front of the line. Certain situations — for example, a metastasized cancer, or a patient in hospice care — trigger automatic fast-tracking. 2 Circumstances that don’t involve specific diseases or terminal conditions can also merit expedited processing: a low-birth-weight infant, for instance, or a disability claimant in imminent danger of becoming homeless. 3 If you are an SSI applicant with one of about 15 severe physical or intellectual impairments — among them amputation, Down syndrome, total blindness or deafness, and HIV/AIDS — Social Security may find you have a “presumptive disability.” This qualifies you for up to six months of benefits while your claim wends its way through the lengthy review process. 4 Social Security can expedite SSDI and SSI claims for veterans who became disabled while on active duty. The disability need not have occurred in the course of military action — for example, it could be the result of an injury while on leave — but it must have occurred since Oct. 1, 2001. Be sure to notify Social Security at the start of the application process that the condition stems from your period of service.

What are some examples of fast tracking?

Certain situations — for example, a metastasized cancer, or a patient in hospice care — trigger automatic fast-tracking. Circumstances that don’t involve specific diseases or terminal conditions can also merit expedited processing: a low-birth-weight infant, for instance, or a disability claimant in imminent danger of becoming homeless.

Is there a waiting period for SSI?

There is no such waiting period for SSI payments. If you have a condition that is not already approved for expedited status under the CAL program, you can ask Social Security to consider it for inclusion. Updated June 10, 2021.

Does Social Security have a disability program?

Social Security has several other programs and procedures to speed up particular disability claims: Applications that indicate the claimant’s condition has reached a terminal stage can be moved to the front of the line.

What is a contingency fee agreement?

Contingency Fee Agreement. When you first hire a disability attorney or nonlawyer advocate, whether you are filing for SSDI or SSI, you typically sign a fee agreement that allows the Social Security Administration (SSA) to pay your representative if your claim is approved.

What does a disability attorney do?

During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).

Do disability attorneys get paid?

Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...

What happens if you don't get disability?

If you don't get benefits, the lawyer doesn't get paid. But if the Social Security Administration (SSA) approves your disability application, it will pay your attorney a percentage of your past-due benefits (or " backpay "). For cases that are resolved at the hearing stage and have a fee agreement, there's an upper limit on the lawyer's fee: 25% ...

Do disability lawyers charge fees?

When Disability Lawyers Don't Charge Anything. Aside from the fact that lawyers generally won't receive a fee if their clients don't get an award for Social Security disability, a few of our readers' attorneys didn't take any payment even when they won the case.