how soon should you get a disability attorney

While you can enlist the help of a disability lawyer at any time during the claims process, many people choose to hire an attorney before they start their disability application. When you have a lawyer working with you from early on, you may be able to garner an approval earlier and get awarded the benefits that you need.

Full Answer

When should I hire a disability lawyer?

Nov 12, 2021 · While you can enlist the help of a disability lawyer at any time during the claims process, many people choose to hire an attorney before they start their disability application. When you have a lawyer working with you from early on, you may be able to garner an approval earlier and get awarded the benefits that you need.

Do I need a lawyer for my SSDI application?

If you're thinking about hiring a disability attorney to help with your Social Security case, you should first understand the costs and benefits of having a lawyer on your side. The costs are fairly straightforward: disability attorneys charge a fee regulated by federal law, which is usually the lesser of 25% of your disability backpay or $6,000. (Costs can increase if your case goes to the …

When should I retain a disability benefits attorney?

Jun 23, 2020 · Ironically, applying for disability is hard work. The attorneys at Bemis, Roach and Reed have experience handling Social Security Disability Insurance cases. They can help offer guidance and advice for your particular situation. Take the first step and call for a free consultation. 512-454-4000.

How does a disability lawyer get paid?

Jun 20, 2018 · If you get a disability lawyer, you can help yourself have someone there with you through the whole thing. The benefits of hiring a disability lawyer: Advertisements. You get professional legal advice at all times. A lawyer will do most of the legwork after you fill out basic forms. Lawyers might know legal loopholes to help your case work out ...

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.

How long does it take to get your first disability decision?

Initial Application and Reconsideration Decisions On average, a decision for an initial disability claim takes three to four months, and a reconsideration (the first level of appeal) takes about as long.

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 qualifies disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

What do disability attorneys know?

Disability attorneys know the dos and don’ts of disability claims. They know what should and should not be done to get your claim on the right track. The Blue Book, which is the medical guide used by the SSA, is difficult to read and everything is written using technical content.

What is the benefit of hiring a disability lawyer?

First and foremost, an attorney will serve as your advocate. Bound by professional rules and ethical obligations, your lawyer will handle your case carefully. Further, working with the SSA can be like speaking another language.

How much back pay can an attorney get?

The SSA indicates that the lawyer cannot charge more than 25 percent of your back pay, but that figure is capped at $6,000. So, if you were awarded $38,000 in backpay, your attorney will not be paid more than $6,000 per SSA guidelines.

What does contingency mean for disability?

Disability lawyers take claims on a contingency basis, which means that your lawyer doesn't require a payment for his or her services until you are awarded disability benefits. When you are awarded benefits, the SSA has laws that indicate how much the lawyer can charge.

What can an attorney do for a disability hearing?

In addition to helping you understand what medical information is needed, your attorney can assist you in collecting and presenting the relevant medical documentation . If your case does need to be appealed at a disability hearing, your lawyer can prepare you for that meeting, helping you to feel at ease and to know exactly what to expect.

What to do if you have been denied SSDI?

If you have already been denied, however, it is still a good idea to consider legal representation . From your first appeal to a disability hearing, a Disability lawyer or advocate is likely to be a valuable asset at any point in the SSDI application process.

Why are disability claims denied?

For example, the majority of disability claims are initially denied, often due to the applicant’s inability to provide sufficient medical evidence. Additionally, there are specific deadlines that must be met throughout the application process.

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.

What can having a disability lawyer do for you?

The process of applying for and dealing with appeals when it comes to disability can be really difficult and discouraging. If you get a disability lawyer, you can help yourself have someone there with you through the whole thing. The benefits of hiring a disability lawyer:

Using a disability lawyer for workers compensation

Workers comp gets really tricky when you’re applying for it and even when you’re collecting it. If you fill out any forms the wrong way, you could risk losing your claim and that could leave you with thousands of dollars that you owe for the medical damage.

Social security hopefuls might want to hire an attorney

Even just filling out the paperwork for a social security disability filing can be difficult. An attorney can help you figure out the right way to do the paperwork and what you need to further support the information you’re using to file the claim.

It might be harder to get a disability lawyer in these instances

One instance where you might not be able to use a disability lawyer is if you file a claim with the VA. You will need to retain the help of a disability lawyer before you file your claim. As Nicole found out the hard way, you cannot hire a lawyer after the claim has been filed.

How you can get a disability lawyer with no money upfront

When a lawyer does work without getting paid, they do pro bono work. This is somewhat uncommon, but it does happen. Many communities have organizations that work specifically for this purpose and lawyers volunteer their time to give pro bono work. You can use this directory to find a pro bono lawyer in your area.

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.

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 does an attorney do during a subpoena hearing?

If so, your lawyer will handle the process of subpoenaing witnesses to testify on your behalf during the hearing.

What to do if your medical 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 to file a disability claim if you can't work?

The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

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.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

What to do if your doctor says you should not apply for disability?

If your doctor says that he doesn't believe you should be applying for disability, reconsider whether or not you really could perform some type of employment.

What to do if you can't work?

If you genuinely feel that you cannot work, you should try to find another doctor, one more supportive of you and your difficulties. Regardless of whether or not you are ever approved for disability, it is always best to have a doctor that you can talk to about your symptoms freely.

Can I apply for disability while working full time?

Absences pile up and your employer starts losing patience. You know that you can't keep going much longer and that you need to plan for a future where you cannot work. However, you should not apply for SSI or SSDI while you're still working full time. Social Security will deny your application without even looking at your medical condition.

Can you apply for cancer benefits sooner?

If you are diagnosed with a condition that will require treatment that will incapacitate you, such as advanced cancer treated with chemotherapy and radiation, it may also be a good idea to apply for benefits sooner rather than later.

Can I get SSDI if I haven't worked for a year?

And if you haven't worked in several years, you can actually lose your insured status for SSDI. If you believe you will not be returning to work for at least a year, go ahead and apply for disability sooner rather than later. Talk to a Disability Lawyer.

Can I get disability without a medical record?

You cannot receive disability benefits without some sort of medical record documenting your condition . It is best to have a concrete diagnosis before you apply for disability. A general "I just don't feel well" or "my lower back hurts all the time" will not get you very far. If you really are feeling so sick that you cannot keep working, you should be seeking medical treatment anyway, because there may be a treatment that would allow you to keep working.

Is it bad to apply for disability too early?

But applying too early is counterproductive, because you may not have the evidence to meet the definition of disability. In order to qualify for Social Security disability benefits, you need to have a medical condition that is expected to last twelve months or longer and that results in an inability to work eight hours a day, five days a week.

How long does it take to get back pay on SSDI?

If it took eight months for your claim to be approved , you can expect to receive back pay for those six months.

How important is the onset date for disability?

The onset date is also very important because of the potential five-month waiting period the SSA may impose after the onset date before you are eligible for benefits.

What happens if you get awarded Social Security Disability?

If you are awarded Social Security Disability benefits at the administrative law judge hearing appeal, you may have a longer wait for your award letter. You will first receive a Notice of Decision. This notice is simply to notify a disability claimant of their hearing decision.

When do you receive a Social Security award letter?

When you receive your Social Security award letter depends upon the level of the disability process you were awarded disability benefits. If you are awarded disability benefits at the initial disability claim level, or even the reconsideration appeal level, you should receive your award letter soon after the decision is made .

What is a notice of decision?

A Notice of Decision can be an approval or denial of disability benefits. If you are awarded Social Security Disability, this notice will state you have been approved for disability benefits and not much more. You may not receive your official award notice for a few weeks.

What does an award letter tell you?

Your award letter will give you your monthly disability payment amount along with the date or month you are entitled to disability payments. It will also tell you the approximate date you should expect to receive your first disability payment.

Where is Social Security Disability appeal made?

Social Security initial disability claims and reconsideration appeal medical decisions are made at a state disability agency and once they approve your disability claim it is sent back to your local Social Security office for final adjudication. A Social Security claims representative (CR) at the local office adjudicates your Social Security ...

What is a CR in Social Security?

A Social Security claims representative (CR) at the local office adjudicates your Social Security Disability approval, which triggers the system to generate your Social Security Disability award letter. Your award letter will give you your monthly disability payment amount along with the date or month you are entitled to disability payments.

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 ...