what is the process after you talk to a attorney about disability

When you first contact a lawyer or nonattorney advocate, either the representative or a staff member will explain to you how the disability process works. They will then conduct an initial interview to gather the basic facts of your case. The firm will use these facts to help determine if they will take your case.

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How can a Social Security disability lawyer help my application?

Feb 09, 2022 · When you first contact a lawyer or nonattorney advocate, either the representative or a staff member will explain to you how the disability process works. They will then conduct an initial interview to gather the basic facts of your case. The firm will use these facts to help determine if they will take your case.

What happens when I first call a disability attorney?

On the initial application, your lawyer can offer advice on your "alleged onset date" of disability, argue that your condition meets one of the listed impairments in Social Security's "blue book," and help you focus on the facts that will be most persuasive to Social Security. At the reconsideration and hearing levels (the first and second level of appeal in most states), your lawyer can collect …

How are Social Security disability claims processed?

Each case is different, but provided below are just some of the ways hiring disability lawyers or advocates can help you through the Social Security Process: SSI and SSDI Attorneys aid you in filling out all forms. File your initial claim completely and quickly. File any appeals, if necessary, completely and quickly.

How do I appeal a Social Security disability decision?

Typically you will receive disability benefits within 60 days of your favorable decision. Whether your claim was approved in one month or two years, your disability benefits can never arrive soon enough! There are several steps that need to take place prior to your receipt of benefits. Ensuring these steps are conducted properly and quickly will ensure your benefits are received as …

What are the chances of getting approved for disability?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

How long does it take to get an answer back from disability?

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.

What states are hardest to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

What does processing mean for disability?

What Does This Mean? 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.Dec 31, 2020

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

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

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

What do disability judges look for?

Every claimant in a disability hearing will be asked to state their full name, Social Security number and mailing address. You will also be asked how old you are, your date of birth, height and weight.Mar 15, 2022

What's the easiest state to get approved for disability?

2020 SSDI approval rankingsRankState2019 rank1Kansas22New Hampshire33Wyoming14Alaska1846 more rows•Jan 11, 2021

What are the stages of disability determination?

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.

What are the stages of disability?

There are five stages of the disability application process:The initial application;Reconsideration level;Hearing level;Appeals council;Federal court.

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.

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...

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.

How to hire a disability lawyer?

Each case is different, but provided below are just some of the ways hiring disability lawyers or advocates can help you through the Social Security Process: 1 SSI and SSDI Attorneys aid you in filling out all forms 2 File your initial claim completely and quickly 3 File any appeals, if necessary, completely and quickly 4 Evaluate your case and answer any questions 5 Help strengthen your case by referring you to additional doctors 6 SSDI and SSI Disability lawyers monitor and notify you of your case progress at the Social Security Administration 7 Supplement your claim with updated records and reports 8 Gather evidence from persons such as your doctor to strengthen your claim 9 Handle all aspects of the hearing 10 Prepare you for the questions and topics that will come up at your hearing, and address any issues you are concerned about 11 Ask the Administrative Law Judge to subpoena any witnesses necessary to proving your claim 12 Fully argue your case at the hearing by giving an opening and closing statement, cross-examining the vocational expert and any other adverse witnesses, asking the Administrative Law Judge to review and reassess any prior claims, and preserving the hearing's evidentiary record through proper and timely objections 13 Ensure the Social Security Administration calculates your benefits correctly

Is there a fee for disability evaluation?

There is no cost or fee for this evaluation. After you submit your form, an attorney or advocate will contact you and discuss your case with you. The benefits and advantages run endless when you hire someone who is a professional in your area need, like a disability benefits attorney.

Do disability attorneys collect fees?

In almost all cases, these disability benefits attorneys will not collect a fee unless you win. If the SSA's approves your claim, it will send you a check for retroactive benefits, a check covering the months your case was pending in the Administration.

What is a DDS?

The DDSs, which are fully funded by the Federal Government, are State agencies responsible for developing medical evidence and making the initial determination on whether or not a claimant is disabled or blind under the law. Usually, the DDS tries to obtain evidence from the claimant's own medical sources first.

Where are disability claims processed?

Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and State agencies (usually called Disability Determination Services or DDSs). Subsequent appeals of unfavorable determinations may be decided in a DDS or by an administrative law judge in SSA's Office ...

What is a field office?

The field office is responsible for verifying non-medical eligibility requirements, which may include age, employment, marital status, or Social Security coverage information. The field office then sends the case to a DDS for evaluation of disability. The DDSs, which are fully funded by the Federal Government, are State agencies responsible ...

How long does the post hearing review last?

How long the post-hearing review period lasts will vary. Typically within a few months a claimant will receive the ALJ’s decision in the mail. There are three potential ALJ decisions: 1 Fully Favorable Decision 2 Partially Favorable Decision 3 Unfavorable Decision

What is post hearing review?

During post-hearing review, the ALJ will consider: testimony from other witnesses at the hearing. The ALJ might also take additional steps to more fully develop the claim.

What does an ALJ do at a hearing?

testimony from other witnesses at the hearing. The ALJ might also take additional steps to more fully develop the claim. This might include asking for more medical evidence. It might include sending the claimant for a physical or mental examination with a doctor paid for by Social Security.

How long does it take to get a Social Security award?

As noted above, it usually takes a few months to get a decision from the Social Security Administration. Within a few weeks of sending a fully favorable or partially favorable decision, Social Security will send another letter called a “Notice of Award.”

What is an ALJ decision?

There are three potential ALJ decisions: Fully Favorable Decision. Partially Favorable Decision. Unfavorable Decision. A “fully favorable decision” means that the ALJ has agreed that the claimant is disabled as of the beginning of the disability (called the “ons et date”) stated on their application .

How long does it take to appeal an ALJ decision?

Requests for appeal must be made in writing, typically within 60 days of the date of the ALJ decision.

What is a partial favorable decision?

In a “partially favorable decision” the ALJ has agreed that the claimant is disabled. But, the ALJ has decided that the medical evidence supports a later “onset date” for the disability than what was indicated by the claimant. The claimant will be entitled to ongoing monthly benefits as normal.

What happens when you file a disability claim?

Once you file your disability claim with Social Security, it is sent to a state disability processing agency for a medical determination. In order for the disability examiner to make a medical determination, they have to gather your medical information and possibly schedule consultative examinations to make a decision on your disability claim.

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 ...

What is a work questionnaire?

The work questionnaire asks for a detailed description of your jobs, the physical and mental demands of the jobs, and how your performed those jobs. If the disability examiner needs to clarify any information, they will call or mail a request for information to you. Of course, there may be times that you need to talk to your disability examiner.

How long does it take to appeal a disability claim?

If you disagree with the adjudicator’s conclusion that you are not disabled, you must file an appeal called a request for reconsideration within 60 days from the denial notice date.

What does an adjudicator do?

Adjudicators work directly with medical and psychological consultants to better understand the documentation in your claims file. Your adjudicator can also refer you out to a consultative evaluation with a medical doctor or psychologist in an effort to further develop your file.

Who is the Odar?

The ODAR is staffed by federal (not state) employees and your case will be assigned a federal administrative law judge. One important point about the transfer from the state to the federal government. Your adjudicator has the responsibility of developing your record by requesting and obtaining medical records .