how to prepare for meeting with a disabilty attorney

To get ready for the disability consultation, gather the available facts and information relevant to your claim – it’s wise not to assume that your physician knows everything. List all the limitations that you experience due to your condition. Write down even the effects of your medication and other treatment.

Full Answer

How does a disability attorney prepare a case for a hearing?

Nov 19, 2018 · What to Bring to a Meeting With a Disability Lawyer. Before you go, take a few minutes to write down a record of the places you've worked over the last fifteen years, with approximate dates. If you've worked recently, include details on …

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

You want to work with a social security lawyer that is experienced and dedicated to disability law. You also want one that has a good reputation and a high success rate. Keep in mind, the average approval rate for most disability attorneys runs around 60%. A lawyer may have reservations about your specific claim for a few reasons.

How can an attorney help my disability claim?

Oct 21, 2020 · When meeting with a disability attorney, ask how much of her practice is devoted to handling SSD claims – it should be a good chunk, if not 100%. You should also ask about any professional organizations they belong to and what type of continuing education they receive.

How do I prepare for a Social Security disability Doctor evaluation?

When you first suffered the illness or injury that left you unable to work, you probably thought applying for disability would be a fairly straightforward, do-it-yourself process. However, whether you have been denied or have simply become overwhelmed by the process, you are now considering hiring a Social Security attorney to represent you. Many of our disability clients are …

What should I tell my disability lawyer?

10 Questions to Ask Your Social Security Disability LawyerHow Do You Charge for Your Services? ... How Often Do You Meet with Clients? ... How Much Experience Do You Have with SSD Claims? ... Are You Familiar with My Medical Conditions? ... How Do You Handle SSD Claims? ... Do You Handle Appeals Council Cases?More items...•Mar 4, 2020

What questions does Social Security Disability ask?

What Type of Questions Will Be Asked at Your Disability Interview?When did your condition become disabling?What is the contact information for your doctors?What are the dates of the visits to your doctors?What are the names of medications that you are currently taking?What medical tests have you undergone?Feb 26, 2021

How long does it take for disability to decide?

Generally, 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.

How do you answer a disability hearing?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

What should I say in a disability interview?

Most importantly, be prepared to answer the following questions regarding your situation:Dates, addresses and contact information of your previous employment. ... Information on Doctors and Medication. ... Household information. ... Supplemental Security Income (SSI) ... Current Living Situation. ... Sources of Income.More items...•Apr 26, 2017

What should you not say when applying for Social Security disability?

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 is the most approved disability?

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.Dec 16, 2021

How can I speed up my disability process?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

How much back pay will I get from SSDI?

If your claim is approved 24 months after application, your will be entitled to 12 months of Back Pay (even though a 24 month waiting period less a 5 month waiting period is 19 months, the limit for Back Pay is 12 months).

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

What does a disabled person do all day?

ADLs are important for many different impairments, and are especially important with mental disorders. ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

How do I prepare for a disability hearing?

How do I prepare for my disability hearing?Know Your Claim. When you receive the notice of your appeal hearing, spend some time reviewing your case file. ... Use Your Cheat Sheets. ... Gather Recent Medical Records. ... Obtain Expert Opinions and Other Statements. ... Seek Help with Your Case.

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...

What can a disability attorney do?

A disability attorney can help you through the claim process and all communications with the Social Security Administration along the way. The application process can be time-consuming and a little confusing for some, so working with a social security lawyer can take some of the stress out of the equation.

What is initial consultation with a social security lawyer?

As mentioned above, the initial consultation with a social security lawyer is not only about them learning about your situation and deciding whether they want to work on your case. It is also your chance to get a feel for whether or not you want to work with them.

What is a medical diagnosis?

Medical diagnosis. Medical records of any lab results or tests relevant to your condition, if you have them. This might include blood or imaging tests. List of current medications, treatments, and any upcoming surgeries or procedures.

What is a contingency fee for disability?

Disability claims are handled on a contingency fee basis, which means the attorney is only paid if you are awarded benefits. The Social Security Administration (SSA), which administers the SSD program, establishes the fees disability lawyers may collect. So, regardless of which disability attorney ultimately you hire, ...

What happens if you are denied a disability?

If your disability application is denied, there are four levels of appeal: reconsideration, administrative hearing, appeals council, and Federal District Court. Some disability attorneys handle appeals at every level; others will not. While you can certainly have different attorneys handle your case at each level, if you want continuity, ...

What is an administrative hearing?

Administrative hearings allow you to explain to the judge more about your disability and its impact on your ability to work. Not only will you have an opportunity to provide testimony, but the judge and the SSA attorney can ask you questions as well.

Your Free Initial Consultation in New Mexico

At Keller & Keller, we offer a free initial consultation to all of our disability clients. In this meeting, we will explain the disability process and ask you a few questions about your situation.

What We Will Do for You

If we believe you have a legitimate claim for disability after our initial free consultation, we will schedule another meeting to discuss your claim in more detail. At that point, we will tell you what you need to bring, which will include much of what is listed above.

You Will Not Pay Until We Win

We do not require any up-front payment from our disability clients. You will not owe us anything until you are approved for benefits and back pay. We will make sure you understand our fee structure before we take your case so that there are no surprises.

How Social Security Works

11st Time Applicants 2Reconsideration 3Hearing 4Appeals 5Federal Court Appeal 6Why Hire Us?

Download our Free Book

A free guide for people who are frustrated with trying to obtain Social Security Disability benefits. You will eliminate hours of stress, confusion, and uncertainty by reading this book.

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.

What Will Happen When You Meet Your Attorney to Discuss Your Case

In the Houston office, we typically meet with you face to face about four to five weeks before your hearing takes place. This meeting usually lasts about one and a half to two hours, depending on the complexity of your case. In our Dallas office, the attorneys might have two separate and shorter meetings with you before the hearing.

How to Prepare for This Meeting

There are a few things you can do to help this meeting go smoothly. Please do the following:

What is case development?

The case development a knowledgeable disability attorney conducts to prepare a case for hearing is usually extensive and involves complex federal law. An unrepresented person who does no development places too much faith in the system and the judge.

What does a disability attorney do?

A seasoned disability attorney will review the evidence prior to the hearing to determine strengths and weaknesses. Understanding weaknesses in your case is critical to success at the hearing.

What is a CE exam?

If the SSA finds that your application has insufficient or out-of-date medical information, they may require you to undergo a consultative examination (CE). Here are some tips on preparing for a Social Security Disability doctor evaluation, whether it’s with your own physician or a doctor at the consultative exam.

Do you need a doctor's evaluation for SSDI?

Whether you are applying for SSDI or SSI, a doctor’s evaluation is a vital part of your claim for Social Security Disability benefits. You may have been seeing doctors and other medical professionals for your condition, but it’s often not enough to have them treat you. Their professional opinion, in addition to your medical records, ...

Can a doctor assess your disability?

Having a doctor assess your disability can very often become challenging. It is not uncommon for SSA applicants to encounter doctors who are uncaring, impatient, or outright hostile, making their patients feel uncomfortable about speaking up for themselves. Sometimes, even friendly physicians provide unfavorable opinions on disability claimants.