What Happens When I First Call a Disability Attorney? When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case.
If you don't meet a disability listing or cannot "grid" out of work, your attorney must be able to prove to the SSA that you cannot do even a sedentary (sit-down) job. (The grids lay out the rules only for those who can do medium work, light work, or sedentary work.)
How is that possible?" A doctor's opinion that you are disabled can be extremely helpful in obtaining Social Security disability benefits, but such an opinion needs to be supported by medical evidence and/or other evidence.
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: prove that your exertion level is " less than sedentary ."
Can your insurance company cancel your disability insurance? Most disability insurance policies are guaranteed renewable, which means your insurance company cannot cancel your policy as long as you pay the premium.
If you realize that you've been overpaid or that you're at risk of being overpaid by Social Security due to your substantial work activity and wages, you may be able to request that your SSDI payments be suspended.
The Disability Determination Service for your state is processing the medical portion of your benefit application. If they need additional information or evidence from you, they will contact you directly. Hi Regina, It means they are still going over your application to determine if you eligible for benefits.
It means you were approved. The non-medical is just an SSI financial review.
If you apply for benefits and we have not yet made a determination that you are entitled, you may voluntarily suspend benefits for any month you have not received a payment. If you are already entitled to benefits, you may voluntarily suspend retirement benefit payments up to age 70.
This is how. Social Security rules are complicated and change often.
4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.
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.
While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.
Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.
Non-medical redeterminations are reviews of all of the non-medical factors of eligibility to determine whether a recipient is still eligible for Supplemental Security Income (SSI) and still receiving the correct payment amount.
You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.
Working too many hours or earning too much money can make the SSA automatically stop your payments. However, the SSA often gives you a nine-month trial work period to test out working with your disability. They do this to see if you can manage most work tasks while you’re still recovering.
This is called a continuing disability review (CDR), and it typically happens every 3-7 years.
But to avoid missing a single payment, you have to move fast. Appeal within 10 days after receiving the SSA’s termination letter, and you’ll keep getting monthly benefit payments. Request that your payments continue while the SSA reviews your appeal for their decision.
Reason #5: “Social Security Stopped My Benefits Because I Owe Back Taxes”. If you owe the IRS back taxes, they can also garnish your Social Security checks up to 15% each month. (Typically, though, they’ll send you multiple mailed notices before they do this.) However, the IRS may also work with you directly to create a payment plan ...
The SSA automatically suspends Social Security benefits for anyone that goes to jail or prison for over 30 days. If you’re getting SSI and stay in jail or prison for more than 12 months, you’ll need to re-apply when you’re released.
There’s not an exact science to CDRs, but SSI beneficiaries stop having them once they’re 65 years old . If your disability benefits stopped suddenly, the SSA likely thinks you’re well enough to work again. If you feel you still cannot work, you may need a Social Security attorney .
In fact, the SSA can stop your benefits without you expecting any changes and with little or no communication.
If You Go Back To Work. If you're like most people, you would rather work than try to live on disability benefits. There are special rules that help you keep your cash benefits and Medicare while you test your ability to work. We call these rules "work incentives.".
In most cases, you will continue to receive benefits as long as you are disabled. However, there are certain circumstances that may change your continuing eligibility for disability benefits. For example, your health may improve to the point where you are no longer disabled or you go back to work.
This usually means work that: You did in the 15 years before we decide your case, and. Involved significant and productive physical or mental activities done (or intended) for pay or profit, and. You did long enough to learn how to do it.
We need this information to see if you can do any of your past work. Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work. Information about your education and training are also very important to us.
However, absence of formal education does not necessarily mean you are uneducated or limited in your ability to adjust to work. We will consider strong evidence that your educational achievement is higher or lower than the last grade you completed.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.
The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.
When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...
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 if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.
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.
Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.
If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.
You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.
Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.
Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.
Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.
Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.
Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.
If you get SSDI, you will have a waiting period of 24 months to qualify for Medicare. The 24 months start the day you first qualify for SSDI. So, if your backpay starts two years ago, your Medicare starts right now! If your backpay starts one year ago, your Medicare starts in one year from now.
Your lawyer’s fees will be explained in the contract you signed with your lawyer. According to Social Security regulations, they are typically up to $6,000 or 25% of your backpay. If your case had multiple appeals (denied at a hearing and continued appealing), these rules no longer apply, and fees will likely be higher.
When you get your back pay check, Social Security will not count that money for nine months. Since you will receive three checks, each six months apart, this will give you some extra time to spend the money. Make sure you spend it and get down below the limit in time… or they may want some money back!
But, what the hell, you are still approved, so life is good. If you are not happy with you Established Onset Date, you have a right to appeal it.
PAYMENT OPTIONS. You can receive your money by direct deposit into your bank account or on a Direct Express card. If you are on SSI, it is very important to keep your money separate from everyone else’s. Never share a bank account with another person, except a live-in spouse.
If you are on SSDI, make sure to sign your kids up to receive benefits. Even if your kids do not live with you, they are still eligible. The parent of your children may be eligible as well. Contact your local office.
Some people get their first payment before they get their award letter. The amounts listed on your online account may change. Sometimes while they are calculating your check, they write one thing, and the next day it says something else. If you call them, you also may get wildly different answers at this point.
Over 70% of SSDI claims are denied initially. Another 30-40% are denied after an appeal hearing. To Social Security and its examiners, your claim is just a claim. These examiners do not have the emotional investment in your claim that you do.
The Social Security laws and regulations state that an attorney's fee can only be 25% of your disability back pay benefits, up to a maximum of $6,000 in most cases (there are a few exceptions, but the fee cannot be more than 25% ...
Trap No. 4: Believing that you cannot apply until you have waited at least 12 months after becoming disabled. You can apply for Social Security disability benefits when you become disabled, even on the day you become disabled. What is important, and where the 12 months comes from, is that your disability must be expected to last at least 12 months ...
If you believe your medical condition may prevent you from working for one year , you should let Social Security know you'll be filing (this will get you a protective filing date) or call a Social Security disability attorney to help you get your application started right away.
By making your medical records accurately reflect your diagnosis, prognosis, AND (this is important) your functional limitations. Denials are just part of the process when you file for SSDI, so you need to prepare your claim to overcome the expected outcome.
There are several nonmedical reasons you could be denied Social Security Disability Insurance or Supplemental Security Income.
The SSA does allow claimants to appeal a technical or nonmedical denial within 60 days from the date of the denial. The reconsideration process allows nonmedical reconsiderations to be done through a case review, an informal conference, or a formal conference.