what if your ssdi attorney is not too proactive

Do I need an attorney when filing for Social Security disability?

Time Is Of The Essence In Pursuing SSDI Appeals. Whether your SSDI benefits were denied, reduced or terminated, you need to take action. Strict deadlines exist following an adverse decision involving SSDI benefits. Taking proactive steps with the help of a lawyer is paramount. You only have a 60-day window to file for reconsideration.

What happens if I don’t apply for SSDI?

Feb 09, 2022 · If your condition doesn't seem likely to meet the listing, the attorney will look to other possible theories. Using Your Limitations If the SSA says you can do your past work, your lawyer must try to prove that you can't do your prior jobs …

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

Mar 22, 2014 · Most SSD applications are denied the first time. Too many people respond to an initial denial by not appealing. That is a mistake. If you have paid into the Social Security system and you can no longer work full time, you have earned disability benefits. J.B. Bieske and Jennifer Alfonsi, Attorneys at Law, have a record of success.

How can a Social Security disability attorney help with medical evidence?

What Will a Disability Lawyer Do to Win a Social Security Case? A lawyer specializing in representing claimants in disability cases can definitely be an asset to the individual fighting for disability benefits. This is particularly true if disability determination services (DDS), the state agency in charge of making Social Security Disability determinations, denies the claim at the …

What percentage of SSDI is reconsideration approved?

The percentage of applicants awarded at the reconsideration and hearing levels are averaging 2 percent and 9 percent, respectively. Denied disability claims have averaged 64 percent.

How do I win my SSDI reconsideration?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.Sep 20, 2021

How long does the reconsideration process take for SSDI?

On average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

How far back can retroactive SSDI payments go?

12 monthsThe SSDI allows retroactive payments for a maximum of 12 months prior to the date of application, subtracting the waiting period. That means that a minimum of 17 months that will have passed since the date of onset (EOD) and the date the application is approved.

Why is it taking so long for SSDI reconsideration?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied.

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 happens if your reconsideration is denied?

If you are denied at the reconsideration, you can ask the SSA for a hearing with an administrative law judge (ALJ). This request needs to be in writing within 60 days of your reconsideration notification by filling out the form online, printing and mailing them, or by writing a letter stating your desire for a hearing.

Do SSDI approvals take longer than denials?

To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.Dec 17, 2020

Are mandatory reconsiderations ever successful?

Recent DWP figures show that the success rate for PIP mandatory reconsiderations is 57% and for ESA mandatory reconsiderations more than 80%.Sep 1, 2020

Is SSDI back pay one lump sum?

Those who win an award for SSDI backpay are always paid in one lump sum. Note, however, that attorneys' fees are deducted by Social Security before the lump sum amount is paid to the claimant.

How do I check the status of my SSDI back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

Can SSDI be retroactive?

Those who get SSDI back pay will also get payments for the months between when you became disabled (your "disability onset date") and when you applied for Social Security Disability benefits. These are called retroactive benefits, because you can get them even before you applied.

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.

What does a disability attorney do?

A social security disability attorney will review your medical records and will work with you to collect any missing medical tests. More importantly, he or she will sort through documents to determine which information is most important. Finally, most attorneys will work directly with your physician or other healthcare providers to gather ...

What happens if you are denied disability?

Represent you at Disability Hearings. If you have been denied disability benefits and you appeal, you will be offered a hearing. It will then be in front of an administrative law judge. Disability hearings are stressful, and preparation is critical. A Social Security disability attorney will ensure that you are adequately prepared for your hearing.

Do I need an attorney for Social Security disability?

No one is required to have an attorney when filing for Social Security disability. That said, your chances for approval dramatically increase when working with one. Some people are skeptical about hiring an attorney, as they may already be struggling financially due to their illness.

Can I appeal a Social Security disability decision?

File Necessary Appeals. If your case is one that receives an initial denial, you may appeal the decision. There are several distinct steps in the appeals process, and all must be completed within a certain amount of time. A Social Security Disability attorney can help you navigate the appeals process.

How long do you have to wait to get SSDI?

Once your disability onset date has been established, you must wait five months after that date before you will become eligible for benefits. This is referred to as the 5 month waiting period, and it applies to all SSDI benefit recipients.

How long do you have to be disabled to get SSDI?

In other words, you cannot become disabled and seek SSDI 5 years later and expect the SSA to pay you for all of that time. So, given the 5 month waiting period, in order to receive the maximum amount of retroactive pay you would have to have been disabled for 17 months or more before your application date.

What is the AOD on SSDI?

When you complete your SSDI application, you will indicate the date upon which you became disabled. This is known as your Alleged Onset Date, or AOD. If the SSA determines that you are disabled, they will use your AOD to determine for how long you have been disabled.

How long does it take to get a disability retroactive?

Calculating disability retroactive pay benefits depends upon three factors: Application Date, Disability Onset Date, and the Five Month Waiting Period.

How long does it take to get a lump sum from SSDI?

However, the processing times vary. On average, most people wait 1-2 months before receiving their lump sum back payment.

Why is retroactive pay important?

Because retroactive pay is used to compensate you for time you were eligible for SSDI benefits prior to the time you applied for SSDI, your application date is crucial in determining your retroactive pay amount, if any .

Can I continue to work part-time if I get Social Security Disability Insurance?

If you have been determined to be disabled the SSA assumes that you are not able to do what they call substantial gainful activities. Gainful work is work in which you make $1,010 gross per month for the non-blind. If you are getting Social Security Disability Insurance (SSDI) and start to work the process is a bit different.

Can I volunteer if I get Social Security Disability Insurance?

This question is tricky. If you volunteered one time per month for few hours you could easily argue that this is in no way equivalent to working a full time job. But what if you went to a shelter and did reception work for them eight hours per day four days per week.

Can I do physical activity?

The amount of physical activity you can perform while on Social Security Disability Insurance (SSDI) is determined by your doctor, but it is important that you never overstate your limitations to convince the SSA you are disabled.

How long does it take for a disability to change?

Your definition of disability may change after the first 12 to 24 months. If SSDI denies you claim, then MetLife will likely use the SSDI information to challenge your claim.

When did Daniel get his LTD?

Daniel’s claim for LTD benefits was approved on May 16, 2005, effective May 1. Upon approval, Daniel received a letter from Unum informing him that any SSDI benefits would be subtracted from his monthly LTD benefits. On July 15, 2005, Daniel signed the Reimbursement Agreement stating his intention to accept the full amount of LTD benefits and later repay any overpayments. By selecting that option, Daniel agreed to “reimburse [Unum] any such overpayment within thirty (30) days of his receipt of such funds.”

Can the government garnish SSDI?

Only the government can garnish your SSDI benefit. However, your disability insurance carrier (or employer if self funded) can send you to collections, sue you or withhold your disability insurance benefit to recover the overpayment.

What was the amount of Unum overpayment?

When Daniel reached the maximum benefits period under the policy, Unum could no longer deduct monthly benefits to recover the overpayment, the balance of which was then $65, 848.40, and Unum sued Daniel in the Georgia Federal Court to recover the amount in addition to attorney fees and the costs of litigation. The court entered a judgment in favor of Unum requiring Daniel to pay the nearly $66,000 plus the costs of the litigation.

Can SSDI be garnished?

Your SSDI benefit cannot be garnished by your disability carrier – but that does not impact their right to collect an enumerated offset/overpayment under the benefit, which can include withholding a monthly benefit or as the case may be suing you in an attempt to recover. Stephen Jessup May 19, 2015 #148.

How long can you work on SSDI?

The trial work period provides nine months (that do not need to be consecutive) out of a 60-month period where SSDI recipients can try out working without having their disability benefits terminated.

How much can I earn on SSDI?

While a disabled (nonblind) person applying for or receiving SSDI cannot earn more than $1,310 per month by working, a person collecting SSDI can have any amount of income from investments, interest, or a spouse's income, and any amount of assets.

What is the SGA amount for 2021?

In 2021, the SGA amount is $1,310 for disabled applicants and $2,190 for blind applicants. (Federal regulations use the national average wage index to set the income limit for determining the SGA each year.)

Does SSDI have a limit on income?

The SSDI program does not put a limit on the amount of assets or unearned income you have (or income that your spouse may earn), unlike the low-income disability program, Supplemental Security Income (SSI). However, the Social Security Administration (SSA) does put a limit on the amount of money that you can earn through work when you receive ...

What is SGA in Social Security?

Substantial Gainful Activity (SGA) Specifically, if you can engage in what the Social Security Administration (SSA) calls " substantial gainful activity " (SGA), you won't be eligible for SSDI benefits. A person who earns more than a certain monthly amount is considered to be "engaging in SGA.". In 2021, the SGA amount is $1,310 for disabled ...

How much can I make on SSDI in 2021?

In 2021, any month in which an SSDI recipient earns more than $940 is considered a trial work month. (Notice that this amount is lower than the SGA amount.) After an SSDI recipient has worked for nine months making more than $940, the SSA will start evaluating the person's work to see if it is over the SGA limit.

Can I get disability if I can't work?

Social Security disability insurance doesn't have a limit on unearned income, but there is a limit on how much you can make from working. Social Security disability insurance (SSDI) is available to individuals who can no longer work due to a disability (physical or mental). But only those who have paid taxes into the Social Security system ...