how often should your attorney contact you regarding disability

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

Perhaps the only time you should refrain from calling a lawyer is when you have submitted your initial application to Social Security and are awaiting an answer. There is rarely much your attorney can do at this point, so there's little sense in agreeing to pay an attorney 25% of your past-due benefits until you get a denial.

How can a disability lawyer help my claim?

Feb 09, 2022 · It's not unusual for SSDI attorneys and advocates to wait until a month 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 staff members. Nonattorney staff members are generally responsible for: making sure "request for hearing" deadlines are met

When should I retain a disability benefits attorney?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, see our article on how ...

What should I look for when hiring a disability lawyer?

Apr 28, 2020 · During this time, it is important that your lawyer stays in touch with you on a regular basis. They should be reaching out for any medical updates, finding out if you have heard from the SSA, and keeping you informed about any changes to your case. You should be able to easily reach your disability attorney to ask questions. Finding out how responsive an attorney …

What are the chances of getting approved for disability?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

How often is disability reviewed?

Possible, we'll normally review your medical condition about every three years. Not expected, we'll normally review your medical condition about every seven years.

How often is disability Denyed?

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 is the most a disability lawyer can charge?

First, the basics: Federal law generally limits the fees charged by Social Security disability attorneys to 25% of your backpay, or $6,000, whichever is lower. Back payments are benefits that accrued while you were waiting for Social Security to approve your case.

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

Does Social Security spy on disability applicants?

Unlike private insurance companies the SSA does not generally conduct surveillance investigations, but that doesn't mean that they can't or never will. Once you file a disability claim, the SSA looks for proof of your disability.

How many times can Social Security deny you?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.Nov 26, 2019

What is the monthly amount for Social Security Disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

What percentage of disability is denied?

Denied disability claims have averaged nearly 53 percent. SOURCE: Tables 59–64. NOTES: Awards are calculated as medical allowances minus subsequent technical denials.

How much back pay will I get from SSDI?

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 is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

How much do social security disability lawyers make?

Attorneys will only receive 25% of the first payment or $6,000 depending on which one is lower. The payment will be sent directly from the Social Security Administration to the attorney and the balance will be sent to the claimant in the form of a check or direct deposit.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

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 co...

Will My Attorney Arrange Witnesses For Me?

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...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

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.

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence.

What Medical Evidence Is Most Important to Win My Case?

The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s).

Will My Attorney Use the Opinions of Every Doctor I've Seen?

Your lawyer will want to make sure that Social Security gives the opinions of your doctors as much weight as possible. To do this, your lawyer will want to:

Does My Attorney Have to Submit All of My Medical Records?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What Will My Attorney Do With Bad Evidence?

It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

If Social Security agrees that your medical condition doesn't allow you to do heavy or medium work, but thinks you can do sedentary work, you'll need to provide you can't even do sedentary work (in other words, a sit down job).

What Else Do Disability Lawyers Do?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers.

3 Questions to Ask a Disability Attorney

When you’re looking for a disability attorney, it’s important to do your research. Most initial disability claims are denied at the first two levels of the process, which means that the disability lawyer you hire is likely going to be standing in front of an Administrative Law Judge (ALJ) to plead your case.

Do You Have Specialized Training in Disability Law?

Disability law is a specialized field. You don’t want just anyone standing up in front of an ALJ. Ideally, you want to work with someone who has decades of experience in the field. Consider who you’re working with carefully.

How Often Will You Be in Touch During the Process?

Social Security Disability cases often take years from beginning to end. You can read more about the process here, but the short version is that you spend a lot of time waiting for the Social Security Administration (SSA) to make decisions and present you with hearing dates.

Disability Associates Answers to Questions for a Disability Attorney

Tracey Pate has over 25 years’ experience in Disability Law, representing thousands of clients. In creating her firm, she did so with the belief that everyone should have access to a quality disability lawyer.

1. Talking with an Attorney Is Free

At Hensley Legal Group, we offer free consultations. That means you can call us anytime or contact us online, and we can go over your case and let you know what your options are.

2. Attorneys Have Been Through This Before

It can be difficult to separate fact from fiction online. Not only that, but even if you do find a credible source, like Social Security’s listing of impairments, the content is often difficult to understand. It’s written for government bureaucrats, not everyday people.

3. Attorneys Can Help You Apply

If you speak with an attorney and they decide your case looks promising, they can file your initial application for you or help you file it yourself.

Help from an Indiana Social Security Disability Lawyer

Applying for disability benefits is a long, frustrating process. You shouldn’t have to do it alone. Call Hensley Legal Group today or contact us online for a free consultation. Be sure to download our free book, Eight Mistakes to Avoid When Applying for Social Security Disability Benefits.

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.

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.

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.

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.

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 ...

Where are You Licensed to Practice Law?

While federal law allows non-attorney representatives to handle Social Security Disability claims, representatives have far less knowledge and experience with disability case law and Social Security regulations than do attorneys. In addition, most state-sponsored programs require the knowledge of an attorney licensed to practice in that state.

Where is Your Office?

Some high-volume law firms choose to advertise in several states and maintain practices in each. An attorney located a considerable distance from your home may choose to meet remotely until the day of your hearing. If you prefer regular meetings or a more personal approach, you may want to locate a nearby firm.

How much is Your Fee?

Currently, the Social Security Administration caps attorney fees for a successful back benefits claim at 25% of the total awarded. However, attorneys differ widely regarding how they charge clients for other fees. Ask any potential attorney whether he or she bills up front or for unsuccessful claims.

Do You Handle Appeals or Federal Claims?

While most disability claims reach a resolution without the need for appeals or a federal case, you should determine whether a potential attorney is able to continue to represent you should the unlikely occur.

What is a third party questionnaire?

Third party questionnaires are sent to someone chosen by the disability applicant to get an outside observer’s opinion on the applicant’s medical condition, and how it has changed his or her ability to function at work or at home. For those who have not received “recent” medical treatment for their condition, a disability examiner will usually call ...

What is residual functional capacity?

Residual functional capacity includes all work activities, such as sitting or standing for periods of time, lifting, or the ability to concentrate or perform other mental tasks; as well as routine daily activities, such as shopping, driving, climbing stairs, house cleaning or yard work, etc., that the applicant can or cannot perform. ...

Is SSDRC a SSA website?

For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic ...

How to keep clients informed of a case?

The duty to keep clients informed rests on attorneys, not clients. But on the theory that if the attorney screws up it's the client who usually suffers, here are a couple of steps that defendants can take to try to secure effective communication with their lawyers: 1 Raise the issue early on. Establish, in advance, a clear understanding about case updates. If an attorney's practice is to initiate contact only when a development occurs, the attorney should communicate that to the client at the outset of the representation. If a client wants (and can pay for) regular updates regardless of whether developments have taken place, that too can be spelled out in advance—even included in a written retainer agreement. 2 Be reasonable. A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant. And because some lawyers have poor communication skills, the defendant may be better off getting information from an assistant than from the lawyer.

What is the duty of a lawyer?

As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.