how to find ssi attorney for appeals for cfs

Can I get Social Security disability for CFS?

Chronic fatigue syndrome (CFS) can be a disabling condition but obtaining Social Security Disability benefits for this disorder can be an uphill battle. CFS is not included in the official listing of qualifying impairments and initial benefit claims are rarely approved. If you are seeking disability benefits for chronic fatigue syndrome, turn ...

Can I afford a Social Security disability attorney or advocate?

Usually, a disability advocate or attorney receives 25 percent of your disability backpay – up to a maximum of $6,000.If you have a disability or severe ailment and you think you will be out of work for at least 12 months, get a free case evaluation today. When your claim is approved, you will receive backpay.

What is proper representation in a Social Security disability appeal?

Jul 31, 2019 · Here’s where to start looking. Applying for Private Disability. For disability through your employer or insurance. (Also called Long Term Disability and Short Term Disability) For People Already On Disability. Some legal aide programs will assist with Social Security problems (such as overpayment issues or problems with disability reviews).

What is the Social Security Administration (SSA) Administrative Appeals operation?

Jan 24, 2020 · Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Chronic Fatigue Syndrome. If you have been denied disability don’t give up!

Can chronic fatigue be a disability?

Some people with chronic fatigue syndrome (CFS) are able to work and have a job that is flexible and meets their needs. However, if you have CFS and are unable to work, you can apply for disability benefits through the Social Security Administration (SSA) .

How many times can you appeal a SSI case?

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

Can SSI disability be reversed?

Most people who are receiving Social Security Disability do not need to worry about their benefits being reversed or revoked unless their condition improves and they are able to return to work.Nov 29, 2010

How often does Social Security review disability cases?

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 do I pass a continuing disability review?

If you want to keep yours, here are some tips on how to pass a continuing disability review:Follow Your Treatment Protocol. ... Learn More About Your Condition. ... Answer the Short Form Honestly. ... Keep Copies of Your Medical Records. ... Inform the SSA of Any Change in Address.Apr 22, 2020

How far does SSI back pay go?

Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.

Which is better SSI or SSDI?

SSDI usually pays higher benefits than SSI. The average SSDI payment in 2022 is $1,358, while the average SSI payment is only $586 per month.

What is SSI vs 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.

Can an ALJ decision be overturned?

ALJ decisions are not binding legal precedent. Courts or federal agencies can overturn their decisions under certain circumstances such as where those decisions are unsupported by substantial evidence in the record.Nov 5, 2020

What happens during a SSI review?

During this review, we will determine if your current medical condition(s) meets the disability requirements as an adult. When we initiate the medical redetermination, we will use the adult criteria to determine if you are eligible for disability benefits.

Does Social Security Disability watch you?

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.

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

The Cost of Hiring an Attorney for SSI

Cost likely tops your list of concerns when it comes to hiring an attorney. The bottom line for most people who hire a lawyer is: Can I afford this service?

How to Find SSI Attorneys

Googling SSI attorneys in Georgia can quickly give you access to a large list of potential lawyers.

Questions to Ask During an Initial Interview

When you sit down with a lawyer, you want to determine if they are a good fit for your case’s needs.

How long does a disability last?

To receive disability, the condition must be expected to last a year or longer or it must be expected to culminate in your death. Disability claims can be complicated, and the odds of having a claim approved aren’t always in the favor of the disabled worker. Those who have a disability advocate or a Social Security Disability attorney representing ...

What to do if you are unable to work?

If you are unable to work and are seeking disability benefits, there are many ways that a lawyer can help your claim. First off, the key to a successful case is hard medical evidence and other supporting documentation that proves your condition is so limiting you are unable to work.

What happens if you get denied Social Security?

When your initial claim for Social Security disability is denied you will have to go through an appeal process. People who have legal representation at this stage are often more successful in being approved for benefits than those who decide to go on and represent themselves.

How long can you wait to receive back pay from SSA?

You cannot receive backpay for more than 12 months before your application date minus the five-month waiting period.

What happens if a claim is denied?

After the claim is denied, you will file a request for reconsideration. Upon the reconsideration review, very few claims are approved. After the second denial, you can request a hearing before an administrative law judge.

Who is more likely to have disability claims approved?

A study conducted by the Government Accountability Office (GAO) determined that individuals who were represented by an attorney or an advocate were three times more likely to have their disability claim approved than those who represent themselves.

Do disability attorneys get paid?

Disability attorneys and advocates take cases on the contingency basis. This means that your advocate or lawyer isn ’t paid until your claim is approved and you get disability benefits.

Currently, there is no cure for chronic fatigue syndrome, but its symptoms, especially those that are mild to moderate, can be managed

Treatments include over-the-counter sleep aids, prescription medications, anti-depressants and developing good sleep habits. The most effective treatment combines cognitive training and graded exercise.

While some people with mild cases of chronic fatigue syndrome may be able to continue working, many individuals with severe symptoms cannot

Though there is no specific listing for chronic fatigue syndrome in Social Security’s Blue Book, it is still possible – though difficult – to receive Social Security Disability benefits. The Social Security Administration is skeptical of all claims of ME/CFS and rarely approves them at the initial or reconsideration stage.

Your medical providers must also rule out other possible causes of your symptoms before diagnosing CFS

You should provide all medical records pertaining to your condition to Social Security, including doctors’ notes, results of x-rays, MRIs, and other tests, and records from any hospitalizations. If you suffer from any other mental or physical conditions, be sure to include records concerning those impairments as well.

It may be helpful to keep a daily log of the nature and severity of your symptoms which you can submit to Social Security

Statements from family members, friends, or former co-workers, can also aid in documenting the extent of your impairments. Qualifying for Social Security Disability Income under a diagnosis of chronic fatigue syndrome is not easy. Enlisting the assistance of a qualified disability attorney can greatly increase your chances for a successful claim.

What is CFS also known as?

CFS has also been known as chronic fatigue and immune dysfunction syndrome (CFIDS) and myalgic encephalomyelitis (ME).

What is CFS on Social Security?

Social Security uses the CDC's definition of chronic fatigue syndrome to evaluate CFS/CFIDS for disability. Chronic fatigue syndrome (CFS) is a condition that causes severe and ongoing tiredness that is not improved by rest and does not result from another underlying disease. The exact cause of CFS is unknown, though theories include exposure ...

How long does it take for a person to feel unwell?

a general feeling of being unwell that lasts at least 24 hours following a period of exertion. Your medical records must contain documentation that satisfies the above criteria for a diagnosis of CFS and that shows these symptoms did not begin before the onset of your chronic fatigue.

What do you need to provide for a RFC?

To help Social Security develop an accurate RFC, you need to provide them with your medical records that date back to when the symptoms of your CFS first began. These records should include all lab test results, hospitalizations, doctor visits and reports, and a complete list of medications and their side effects.

What causes CFS?

The exact cause of CFS is unknown, though theories include exposure to the Epstein-Barr virus or a disruption in the body's immune system. Age, gender, exposure to prior illnesses, and stress are also thought to play a role. In addition to fatigue, CFS symptoms can include sore throat, headache, low-grade fever, painful joints, ...

What does Social Security use to prepare a mental RFC?

Social Security will use the records to prepare a mental RFC that addresses your ability to perform the mental tasks required for work. For example, if you suffer from severe anxiety or depression, you may have difficulty concentrating on your work or even showing up for work on a regular basis.

What causes a reduction in your activities?

memory or concentration problems that cause a serious reduction in your activities. frequent sore throats. tender lymph nodes in the neck or under the arm. muscle pain. pain in multiple joints without redness or swelling. headaches of a different quality than before onset of chronic fatigue. sleep that does not refresh you, and.

What is the SSA appeals system?

The Social Security Administration's (SSA) administrative appeals operation is one of the largest administrative judicial systems in the world. SSA issues more than half a million hearing and appeal dispositions each year. Under the Office of Hearings Operations (OHO), administrative law judges (ALJ) conduct hearings and issue decisions. Within the Office of Analytics, Review, and Oversight (OARO), the Appeals Council considers appeals from hearing decisions and acts as the final level of administrative review for the agency.

How many appeals does the Social Security Administration have?

SSA issues more than half a million hearing and appeal dispositions each year.

How many people are waiting for hearings in 2019?

In early March 2018, hearings pending dropped below 1 million for the first time since October 2014. As of March 2019, approximately 720,000 people were waiting for a hearing decision.

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.

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.

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.

How long does it take to get notified of an ALJ decision?

You will be notified of the ALJ’s decision within a few months after the hearing. If your claim is denied, you can take your case before the Appeals Council.

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.

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.

Do lawyers know disability laws?

First of all, lawyers have extensive knowledge of the legalities concerning disability claims. They know what the law says and therefore can determine what particular provisions apply to your case. Since they handle a lot of disability cases, they already know the system like the back of their hand. They know what the SSA wants to see and how ...

What is Social Security ruling 14-1P?

Social Security Ruling 14-1p, issued in April 2014, prescribes how claims for CFS should be evaluated. The ruling states that although CFS can be a disabling condition, it first must be established as a "medically determinable impairment" (MDI) by appropriate medical signs or laboratory findings.

How long does it take to show CFS?

One or more of the following medical signs, clinically documented for no less than six consecutive months, will generally be considered evidence that CFS is a medically determinable impairment: chronic and reproducible muscle tenderness over multiple exams, with positive tender points.

What is chronic fatigue syndrome?

As the name suggests, chronic fatigue syndrome is characterized by persistent tiredness that cannot be relieved with rest. Psychological manifestations of CFS are common and include depression, anxiety, or irritability. In addition, a range of cognitive deficits collectively referred to as "brain fog" can consist of confusion, forgetfulness, ...

How does Social Security determine impairment?

Once a medically determinable impairment has been established, Social Security evaluates the severity of your condition based on the medical evidence, your subjective reports, third-party reports, and any other evidence you provide.

What is brain fog?

In addition, a range of cognitive deficits collectively referred to as "brain fog" can consist of confusion, forgetfulness, or speech and language issues. The symptoms of CFS are usually severe enough to cause substantial disruptions with one's work, school, or personal activities.

How to prove disability based on CFS?

First, you should submit to Social Security all medical records relevant to your condition, including doctor's clinic notes, the results of x-rays, MRIs, and other testing, and the records from any hospitalizations.

Why do women get CFS?

Age and gender appear to play a part too, as women between 30 and 50 are at increased risk for the disease. As the name suggests, chronic fatigue syndrome is ...