how hard is it to file ssdi without an attorney

Do I need an attorney to file for Social Security disability?

Dec 30, 2020 · SSDI/SSI Approval Rates: From Application to Hearing. Our survey confirmed what many people suspect about Social Security disability: It’s difficult to get benefits. Only about four in ten (42%) readers were ultimately approved for SSDI or SSI benefits. But approval rates at different stages in the process varied significantly.

How hard is it to get Social Security disability benefits?

For most claimants the disability process will be time-consuming, difficult, confusing and challenging. If you do not have the stamina, either physically or emotionally, to do the proper research to understand the process hire a disability lawyer and save yourself the hassle and struggle. If you are up to the challenge, forge ahead on your own.

How much does a lawyer charge for SSDI/SSI?

Jun 25, 2020 · It is possible to be awarded disability benefits without hiring an attorney. Most applicants complete and submit the initial application on their own. Usually applicants will hire an attorney at the appeals stage, but it’s not mandatory.

What happens if I don't submit my Social Security disability application?

Jul 28, 2017 · The short answer is probably not for simply completing the initial application. But if your application is denied and you need to have a hearing, you’d be well advised to be represented by an attorney or another qualified professional. The application process is fairly simple. You can apply for SSDI using the Social Security Administration's (SSA’s) online application, by …

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...

How do you win a social security disability case?

Tips for Winning Your Social Security Disability HearingHire a Qualified Disability Lawyer or Advocate. ... Do Whatever It Takes to Get There. ... Understand That Appearances Matter. ... Be Familiar with Your Case and Your Medical Records. ... Keep in Contact with Your Lawyer. ... Do Not Minimize the Effects of Your Disability.More items...•Aug 10, 2018

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].

Why is SSDI so hard to get?

#1: Lack of Hard Medical Evidence Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.Aug 10, 2018

What should you not say when applying for disability?

Be Clear About the Requirements of Your Past Work For example, don't describe yourself as a manager or supervisor unless you had the ability to hire, fire, or discipline employees. This is the case regardless of your job title. Describe exactly what you did in your job—don't talk yourself up or down.

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

What are the hardest states to get approved for disability?

Worst States for Social Security Disability Approval The states with the three highest denial rates for social security disability are Alaska, with a 54% denial rate; Delaware, with a 48% denial rate; and Kansas, with a 47% denial rate. In Alaska, 28% of cases are dismissed entirely.Jul 18, 2018

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.

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

four monthsYou can apply up to four months before you want your retirement benefits to start. For example, if you turn 62 on December 2, you can start your benefits as early as December. If you want your benefits to start in December, you can apply in August.

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 long does it take to get approved for SSDI?

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. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

What percentage of SSDI claims are denied?

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. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

How long does it take to get SSDI?

For those who go to a disability hearing, the entire SSDI/SSI application process typically takes 2-3 years. If you can’t work because of a serious medical condition, you may be thinking of applying for Social Security disability benefits. Or maybe you’ve already applied and are still waiting to hear the results.

How long does it take to get a hearing for disability?

Most reconsiderations are denied, but this step adds time to the overall process: an average of 109 days according to government data for 2019. Wait Times for Hearing Dates.

How long does it take to get a hearing in 2020?

Social Security has been working on reducing the backlog. By October 2020, the overall average wait time for a hearing was about 10 months, although the average waits at different hearing offices around the country ranged from six to 16 months.

How can a disability lawyer help you?

A disability lawyer can help you through that process in many ways, including gathering the right kind of medical evidence, preparing you for a disability hearing, recognizing when testimony from a medical expert would help, and knowing where to find a good expert. Effect of Representation on Overall Approval Rate.

Why are disability claims denied?

Initial claims are denied for any number of reasons but most common are: Lack of sufficient evidence of disability. Paperwork errors. Procedural issues.

What is the definition of disability in the SSA?

The SSA definition of disability is strict and an individual must have at least one condition that satisfies that definition of disability: “To meet our definition of disability, you must not be able to engage in any substantial gainful activity (SGA) because of a medically-determinable physical or mental impairment (s):

Why is legal representation important?

The earlier, the better. Legal representation will ensure that your claim is filed properly and may speed the process of receiving the benefits you are entitled to. Disability benefits are an important source of income for those who are unable to work.

What to do if you are denied a disability?

If you have been denied, don’t give up. Believe in your claim. Most legitimate cases are eventually approved- as long as the applicant remains persistent and keeps appealing. It can be difficult to deal with the appeals process alone, especially while dealing with the medical and financial problems that accompany disability. It is for this reason that many applicants choose to hire professional representation; having a lawyer by your side through the appeals processes and through administrative hearings greatly increases your odds of success. Having an advocate by your side can be invaluable in such an intimidating process. No lawyer can guarantee your claim will succeed, but hiring an attorney will significantly increase the odds of your claim being awarded.

What happens if a disability is not approved?

If a disability claim is not approved on initial application, the claimant will have to go through the appeals process. Though legal representation is not required, appearing at a court hearing before an administrative law judge without an attorney can hurt an applicant’s chance of success.

What is a bad fact?

A bad fact is any information that might harm an applicant’s case, such as a doctor’s opinion that an applicant is not disabled or that an applicant failed to follow a treatment plan consistently. A disability attorney can minimize the damaging impact of any such information.

What can a disability attorney do?

A disability attorney can minimize the damaging impact of any such information. Disability attorneys will cross examine a vocational expert and can counter any negative testimony a vocational expert offers. This requires a complex understanding of different jobs and job skills and how they are categorized.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

How long do you have to be out of work to get SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI. If you work up until the day you submit your disability benefits application, the SSA will almost certainly reject it.

Can I get SSDI if I can't work?

Disability Secrets for Getting Your SSDI Benefits Claim Approved. Getting approved for disability benefits isn’t easy, especially if your condition isn’t visibly severe or terminal. But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program.

How many hours can you work if you are disabled?

Your disability must specifically make you unable to perform your usual job duties regularly for 40 hours a week. This is one of the trickier disability secrets, since some jobs are easier to do than others once you’re disabled.

Can you work full time if you are disabled?

That’s because you must prove that you cannot work directly as a result of your disability to qualify for benefits. In some cases, you can show that it was difficult to work full-time because of your disability.

Can I receive Social Security and SSDI at the same time?

Here’s one of the little-known disability secrets: You cannot receive SSDI and Social Security retirement checks at the same time.

What age do you have to be to get SSDI?

(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)

Social Security Turns Most People Down

As anyone who's been through the process will tell you, it isn't easy to get Social Security disability benefits. Our survey backed up that general impression. Overall, only about four in ten (42%) of our readers were ultimately approved for benefits.

Disability Application to Hearing

First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial.

Recent Medical Visits

The strength of your medical evidence is critical for proving your claim. Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.

SSDI Versus SSI

About half (51%) of readers who applied for SSDI were ultimately approved for benefits, compared to just over a third (36%) of SSI applicants.

Quit-Work Date

Some of our readers were still working when they filed their SSDI or SSI applications. Less than three in ten (29%) of those applications were approved for benefits, compared with more than five in ten (51%) of those who had quit work within the five-month period before applying.

Approval Rates at Different Ages

Our survey revealed an upward curve in approval rates for SSDI from younger readers to those in their sixties. About half of readers age 50 or older were ultimately approved, while nearly two-thirds of those in the 60-65 age group received benefits.

Gender Differences

Our survey revealed a gender gap in the approval rates for men and women. Nearly five in ten (44%) male readers saw their applications approved, while less than four in ten (38%) female readers had successful outcomes.

Medical Qualifications

• All Social Security applications are evaluated by first using the “Blue Book”. This book lists all disabilities approved by the Social Security Administration (SSA) and the requirements one needs for qualification. The Blue Bookis available online for anyone looking to see if their diagnosis will qualify. It is also helpful to see what paperwork the SSA requires you to submit with your applica…

See more on disabilitybenefitscenter.org

Technical Qualifications

Applying For Benefits

Next Steps You Can Take

Additional Resources