what to give your social security disability attorney on first visit

The Items You Should Bring to Your First Meeting With a Disability Lawyer

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What does a Social Security disability lawyer do?

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 ."

How do I prepare for a Social Security disability hearing?

When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

How can a disability lawyer Help you Win Your 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 the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does the SSA ask when you apply for Social Security?

The SSA will also ask you: If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online. IMPORTANT: Did you have an unexpected/abrupt accident or illness?

What to do if you are dissatisfied with your lawyer?

How much does a disability attorney charge?

Can a lawyer talk to a potential client?

Can a disability lawyer waive a fee?

Does the lawyer keep me informed?

Can You Find a New Disability Lawyer?

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What questions are asked during SSDI hearing?

What Questions Are Asked at a SSDI Hearing?Personal Background Questions. ... Work Background Questions. ... Medical Issues Questions. ... Specific Activity Limitation Questions (If Applicable) ... Questions About Activity Limitations Arising From Non-Physical Problems (Mental Health or Pain)More items...

How do you win a social security disability case?

Top Ways to Increase Chances of Winning Disability ClaimEnsure That Your Application is Complete. ... Keep Accurate and Complete Medical Documentation. ... Maintain a Good Relationship With Your Physician(s) ... Keep Close Tabs on the Status of Your Claim. ... Follow up on all Treatment Recommendations.

What medical evidence do I need for SSI?

For a Social Security disability (or SSI) case, medical evidence takes many forms, including physical examination and treatment notes, mental health records, bloodwork panels, and reports of imaging studies (MRI, CT scan, and X-rays).

What should you not say when applying for disability?

5 Things Not to Say in a Disability InterviewNo one will hire me; I can't find work. ... I am not under medical treatment for my disability. ... I have a history of drug abuse or criminal activity. ... I do household chores and go for walks. ... My pain is severe and unbearable. ... Legal Guidance When SSDI Benefits Are Denied.

What are the odds of winning a disability case?

Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

What counts as medical evidence?

Medical evidence can encompass a variety of information, for example: • Prescriptions. Care plans. Information from professionals such as a GP, hospital doctor, specialist nurse, occupational therapist, physiotherapist, social worker, support worker or counsellor.

What is proof of disability?

Statements, records or letters from a Federal Government agency that issues or provides disability benefits. Statements, records or letters from a State Vocational Rehabilitation Agency counselor. Certification from a private Vocational Rehabilitation or other Counselor that issues or provides disability benefits.

How often does SSI check your bank accounts?

As we explain in this blog post, SSI can check your bank accounts anywhere from every one year to six years, or when you experience certain life-changing experiences. The 2022 maximum amount of available financial resources for SSI eligibility remains at $2,000 for individuals and $3,000 for couples.

What does a disabled person do all day?

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 long does it take to get paid after SSDI approval?

Unfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

Can I get disability for anxiety?

Is Anxiety Considered a Disability? Anxiety disorders, such as OCD, panic disorders, phobias or PTSD are considered a disability and can qualify for Social Security disability benefits. Those with anxiety can qualify for disability if they are able to prove their anxiety makes it impossible to work.

How do you know if your disability is going well?

Top Signs Your Disability Application Will Be ApprovedSubstantial Evidence of a Medical Condition. ... Proof of a Physical or Mental Impairment. ... Substantial Work History. ... Maintaining Employment Is Not Possible. ... You Hired a Lawyer. ... Contact Us.

How do you prove you have a disability?

There are two ways to show disability: First: You can prove disability for EAEDC without a medical review if: You received a letter from the Social Security Administration (SSA) approving you for Supplemental Security Income (SSI) or Social Security (SSDI) but you do not have those benefits yet; or.

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 long does it takes to be approved for SSI?

about 3 to 5 months* How long does it take to make a decision? 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.

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 an attorney do to prove a disability?

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.

What to do if your SSA does not meet the listing?

If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.

How Will My Attorney or Advocate Develop My Medical Evidence?

Your attorney or nonattorney advocate will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time before your hearing.

What is a hypothetical disability hearing?

At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)

How to prove you are not sedentary?

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. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.

How to win a disability claim?

First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)

What does a legal professional do for disability?

Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.

What to ask a disability lawyer about a doctor?

Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.

What to ask your doctor for in a disability appeal?

Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.

What Will My Attorney Do With Bad Evidence?

Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.

What Evidence Does My Attorney Need to Prove I Can't Do Sedentary Work?

When trying to prove that you can do what Social Security calls "less than sedentary work," your attorney will need medical evidence to prove that you have certain functional limitations, like not being able to lift ten pounds or needing to lie down frequently during the day.

Does My Attorney Have to Submit All of My Medical Records?

The short answer to this is no. When preparing for a disability hearing, an attorney will frequently receive hundreds of pages of medical records, many of which have nothing to do with your impairment. Your attorney will review the medical records to see what is relevant to your case and submit only that information to Social Security.

What Else Do Disability Lawyers Do?

A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, see our article on how disability attorneys will handle your claim.

What to do if your records contain statements about drug abuse?

If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.

What to do if you are dissatisfied with your lawyer?

Often you and the lawyer can sort out your issues and keep working together, and thus avoid the concerns that come up when you try to fire your lawyer and hire another.

How much does a disability attorney charge?

First, Social Security disability attorneys are usually limited to collecting a fee equal to 25% of any disability backpay you're awarded, up to a maximum of $6,000. If you hire a new attorney, he or she will likely have to split the fee with the original attorney, and this isn't a very attractive deal to a new attorney.

Can a lawyer talk to a potential client?

Even if that's not an issue, many prospective lawyers don't feel comfortable talking to a potential client when the client is represented by someone else, especially if you're being represented by a local attorney and the prospective attorney you want to switch to is local too.

Can a disability lawyer waive a fee?

But more importantly, because it's more of a hassle to collect a fee on a claim that another lawyer has worked on, most disability lawyers won't represent such as claimant unless the first attorney agrees to waive his or her fee (which will generally only happen if your lawyer hasn't done much work on your case).

Does the lawyer keep me informed?

The lawyer does not keep me informed; I have to make contact with him and Social Security when I want updates. When I called to tell him my doctor ordered a blood test for cancer, he said "Good, if you have cancer in addition to the bipolar, the judge should give you benefits.". All he cares about is money.

Can You Find a New Disability Lawyer?

If your lawyer has spent time on your case preparing for a hearing, the lawyer will likely insist on getting paid rather than " waiving" his or fee. Because of issues around lawyer fees, this can cause problems when you're trying to hire a new attorney.

How to appeal Social Security denied?

If we recently denied your Social Security benefits or Supplemental Security Income (SSI), you may request an appeal. Generally, you have 60 days after you receive the notice of our decision to ask for any type of appeal. There are four levels of appeal: 1 Reconsideration. 2 Hearing by an administrative law judge. 3 Review by the Appeals Council. 4 Federal Court review (please see the bottom of page for information on the Federal Court Review Process).

How do I check my disability hearing status?

Whether you filed your request for a hearing online, by mail, or in an office, you can check the status of your disability and SSI hearing using your personal my Social Security account. A my Social Security account is an easy, convenient, and secure way to do business with us. If you don’t have one, you can create one today.

What to do if you disagree with a decision made at the reconsideration level?

If you disagree with the determination we made at the reconsideration level, you may ask for a hearing. An administrative law judge who had no part in the original determination or the reconsideration of your case conducts the hearing. You may request a hearing online.

What are non medical reasons for disability?

Non-medical reasons may include a denial due to income, resources, overpayments, or living arrangements. Request Non-Medical Reconsideration. Check the Status of Your Reconsideration. Whether you filed your appeal online, by mail, or in an office, you can check the status of your disability and SSI Reconsideration using your personal my Social ...

Can a Social Security appeal be denied?

The Appeals Council looks at all requests for review, but it may deny a request if it finds the hearing decision is in accordance with social security law and regulations. If the Appeals Council decides to review your case, it will either decide your case itself or return it to an administrative law judge for further review. If you disagree with the hearing decision, you may request a review by Social Security’s Appeals Council online.

What to do if you have a complicated disability claim?

If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online.

How does the SSA determine if you qualify for disability?

One way the SSA determines your eligibility for monthly disability benefits hinges on your credibility as an applicant. If you haven’t sought treatment for your condition or discussed symptoms with your doctor, it looks bad to the SSA. If you aren’t treated, the SSA automatically assumes your condition isn’t limiting you as much as you say it is. The more documented evidence from your doctor showing regular treatment appointments and progress notes, the higher your chances for approval. Among all disability secrets, this one’s likely to result in your technical denial if you can’t or won’t follow through. In other words, no physician actively treating your disability = no claim approval for benefits. If you cannot afford to see a doctor, make an in-person appointment at the SSA office for a referral.

How many credits can I get for SSDI?

In any given year, you can earn a maximum of four Social Security work credits with full-time employment. Plus, the amount you need to earn one work credit increases each year to keep pace with increasing average wages. In 2019, you’ll get one Social Security work credit for every $1,360 you earn, according to the SSA.

How do I prove I'm disabled?

One of the biggest disability secrets people ask about is, “How can I prove I’m disabled during my DDS exam?” The answer is simple, actually! If you drop a pencil on the floor and cannot pick it up without help, you’re disabled. And if you can’t walk across a room (or go up or down a few stairs) without assistance, you’re disabled. Finally, if you must alternate sitting and standing throughout the day or cannot lift anything heavier than 5 lbs., then you’re disabled. Of all disability secrets we know, this one may be the most valuable!

How long can you work if you are on a sudden disability?

If a sudden disability makes working obviously impossible on a short-term basis, you may be exempted from the five-month rule. The SSA will estimate how long your inability to work should last based on your medical diagnosis. If it’s one year or longer, you may still qualify for disability benefits. 2.

How long should I be out of work before filing for SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI.

How long does a doctor have to diagnose a disability?

A doctor must medically diagnose you with a condition expected to last at least 12 months or result in death. Do not apply for disability benefits until your doctor confirms that your condition meets the SSA’s internal definition of “disabled.”.

What to do if you receive a letter from Social Security saying you are disabled?

If someone you know received a letter from Social Security telling them their Disability or Supplemental Security Income benefits will be stopping because of a Medical Review, they can request an appeal. Information can be found in the publication, How We Decide if You Still Have a Qualifying Disability. View the brief “ What to do if We Decide You are No Longer Disabled ” video for more information.

What to do if someone needs assistance with their Social Security?

If someone you know needs assistance with their Social Security business, Social Security has information available that can help. They may need someone to assist them through the entire process of applying for benefits, and need to appoint a professional such as an attorney or a caseworker. Maybe they want us to disclose their information or records to someone else, such as a friend. This brief video, What to do if you need help with your Social Security business, explains both Representation and Disclosure.

What is a supplemental SSI account?

The account also provides safe and secure access to a variety of services, like requesting a replacement Social Security or Medicare card, printing a proof of benefits, and much more. For SSI benefits, some states pay a supplemental SSI amount in additional to the Federal amount.

What is SSI financial aid?

SSI provides critical financial help to aged, blind, and disabled people who have limited income and resources. Learn if the person you are helping qualifies and help them apply.

How does work affect disability?

These rules include work incentives like the Trial Work Period and Extended Period of Eligibility and the Ticket to Work program.

What to do if you are denied Social Security?

If someone you know was denied Social Security benefits or Supplemental Security Income, they can request an appeal. We provide information how to appeal decisions for both medical and non-medical reasons. View the brief “How To: File an Appeal if You Disagree with a Decision” video for more information.

What is original social security card?

An original number and card is for someone who has never had a Social Security number assigned to them. Whether you are helping an adult or child, U.S. citizen or not, we make it easy to know what information to gather and what to do.

What to do if you are dissatisfied with your lawyer?

Often you and the lawyer can sort out your issues and keep working together, and thus avoid the concerns that come up when you try to fire your lawyer and hire another.

How much does a disability attorney charge?

First, Social Security disability attorneys are usually limited to collecting a fee equal to 25% of any disability backpay you're awarded, up to a maximum of $6,000. If you hire a new attorney, he or she will likely have to split the fee with the original attorney, and this isn't a very attractive deal to a new attorney.

Can a lawyer talk to a potential client?

Even if that's not an issue, many prospective lawyers don't feel comfortable talking to a potential client when the client is represented by someone else, especially if you're being represented by a local attorney and the prospective attorney you want to switch to is local too.

Can a disability lawyer waive a fee?

But more importantly, because it's more of a hassle to collect a fee on a claim that another lawyer has worked on, most disability lawyers won't represent such as claimant unless the first attorney agrees to waive his or her fee (which will generally only happen if your lawyer hasn't done much work on your case).

Does the lawyer keep me informed?

The lawyer does not keep me informed; I have to make contact with him and Social Security when I want updates. When I called to tell him my doctor ordered a blood test for cancer, he said "Good, if you have cancer in addition to the bipolar, the judge should give you benefits.". All he cares about is money.

Can You Find a New Disability Lawyer?

If your lawyer has spent time on your case preparing for a hearing, the lawyer will likely insist on getting paid rather than " waiving" his or fee. Because of issues around lawyer fees, this can cause problems when you're trying to hire a new attorney.