what to say when calling disability attorney

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.

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When should I call a disability attorney?

How will my attorney determine if I meet a disability listing?

What should I say at my Social Security disability hearing?

Oct 21, 2020 · You don’t need an attorney to apply for Social Security Disability (SSD) benefits. But hiring an experienced disability lawyer increases the likelihood that your application will be approved. The disability laws that govern SSD eligibility are complex and difficult to understand. Disability attorneys deal with these rules and regulations daily, which gives them a thorough …

How can a disability lawyer Help you Win Your Case?

Feb 09, 2022 · Your attorney or nonattorney advocate (or a staff member) will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time. When you first hire your Social Security disability attorney or advocate, you'll need to sign a medical privacy release that allows access to ...

What should you not say when applying for disability?

How do you win a disability claim?

What are the chances of getting approved for disability?

What questions does Social Security disability ask?

What do I say to get disability?

How can I make sure I get Social Security disability?

What is the hardest state to get disability?

What is the most approved disability?

Do most disability claims get denied the first time?

How do I pass a disability review?

What should I say in a phone interview for Social Security?

How long does it take to get disability with a lawyer?

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 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, ...

How much does an SSD lawyer get?

The SSA set these fees at 25% of your SSD backpay award or $6,000, whichever is less. For example, if an administrative law judge awards you $25,000 in back pay, the SSD lawyer would only be entitled to $6,000. That’s because 25% of your $25,000 disability back pay award is $6,250, and SSA regulations cap fees at $6,000. If, however, you were awarded $10,000 in disability back pay, the disability lawyer would collect $2,500 because it is less than $6,000.

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.

Can a disability attorney charge for travel expenses?

There are two caveats to this fee structure. Although the disability attorney’s fees are capped, he can still charge you for expenses. These may include costs associated with obtaining medical records, travel expenses, the cost of consultative exams, or postage. The second caveat is that the fee structure may change if you submit an appeal to the Appeals Council or Federal District Court.

Do you have to meet with your attorney before a trial?

Although these hearings are less formal than traditional trials – there is no jury and usually, no witnesses other than the claimant testifies – they are still extremely important. Before the hearing date, your attorney should meet with you at least once, if not more, to prepare for the hearing.

Can a disability attorney handle a case?

Sometimes the disability attorney you meet with during the initial consultation isn’t the attorney who will ultimately handle your case. Although this is a common practice, it can be unsettling for some people, particularly if you hired an attorney based on how comfortable you felt with them during the initial consultation. If having a single attorney work with you throughout the entire process is important, make sure to ask whether the attorney she will be handling your case or if she will pass it on to a junior associate.

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.

How long before a disability hearing can you speak to a client?

It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.

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 .)

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 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 do if denied Social Security?

If you have been denied Social Security benefits, take your denial letter with you to your attorney consultation. Often, it holds valuable information that a lawyer can use to strengthen your application before you resubmit it for an appeal.

What is the Blue Book for Social Security Disability?

Your medical records are vital to your Social Security disability application. The SSA has strict requirements as to what conditions qualify for benefits. Its “ Blue Book ” lists the conditions eligible for automatic approval (provided you meet all the criteria for a given condition). If you do not satisfy a listing, you can be approved by showing that your condition affects your functional capacity similar to the way a condition in the book would.

What information do you bring to an appointment?

Make sure you bring with you to the appointment your current or most recent employment information, including: the name of the company, the dates you were employed, the nature of your job, your wage or salary, and the contact information for your supervisor.

Can you bring too much information to a disability consultation?

Although it is possible to bring too little to your consultation, you can never have too much information . Your attorney can always disregard anything that is not applicable or does not help your claim. Aside from what we mentioned here to bring to your first meeting with a disability lawyer, if you have a document or piece of evidence you think might help, bring it with you.

What do disability lawyers know?

Experienced disability lawyers know the ins and outs of the SSA’s disability evaluation system like the back of their hands. They know what the SSA wants to see and what type of evidence to submit for them to see that.

Who will represent you at a disability hearing?

Aside from preparing you, social security disability attorneys will also represent you during the hearing.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to get disability if you have never applied?

1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

What happens if you hire a disability lawyer?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

Why is hiring a lawyer important?

One major advantage of hiring legal professionals is they know how to best present your case to the SSA.

What is the meaning of disability hearing?

A Social Security disability hearing can be a nerve-wracking experience, especially for those unfamiliar with the process and those unrepresented by an attorney. Depending on the administrative law judge (ALJ), a hearing can be contentious and adversarial or relatively laid-back and easygoing. While you can always hope for the latter, it's best to prepare for the former. No matter the judge, your chances of success will definitely increase if you avoid these common pitfalls at your hearing.

What is the biggest mistake a disability claimant makes?

Finally, the biggest mistake disability claimants make is to try to navigate the system alone. An experienced disability attorney can prepare you for your hearing and greatly increase your chances of being approved.

What happens if you don't tell the ALJ?

If you don't, the judge will assume that you aren't having any problems and are capable of working.

Is a disability hearing a job interview?

At the same time, a disability hearing is not a job interview. You're at the hearing to talk about the day-to-day limitations that prevent you from working, so don't minimize your symptoms. Often people fear that the ALJ will think they're whining or complaining, but this worry is misguided. No matter what problems you're experiencing—ifyour back pain prevents you from doing housework, your anxiety keeps you from leaving the house—you must tell the ALJ. If you don't, the judge will assume that you aren't having any problems and are capable of working.

Do you have to answer an ALJ question?

If the ALJ asks you a question directly, you absolutely must answer it honestly. But your duty to tell the truth does not require you to bring up information unsolicited that might be harmful to your case. Here are a couple general areas or statements to avoid unless you are specifically questioned about them.

Can a disability claim be exaggerated?

Occasionally disability claimants (applicants) are tempted to exaggerate their medical problems at their hearing . This is a huge mistake. Losing credibility with the judge is the quickest way to torpedo an otherwise valid claim. Here's an example of the kind of exchange that will raise red flags with an ALJ:

Can you hope for the latter?

While you can always hope for the latter, it's best to prepare for the former. No matter the judge, your chances of success will definitely increase if you avoid these common pitfalls at your hearing.

How do I file for disability?

Most individuals filing for SSI only can't file the entire application online, but they can get started on Social Security's website. If you're not comfortable online, you can call Social Security at 800-772-1213 to start your claim.

What is the outcome of a disability claim?

The outcome of many disability claims depends upon how well an individual's disability paperwork is completed. Disability decisions are based upon a lot of information, and the main source for that information is the disability paperwork provided by the claimant at their initial Social Security disability interview ...

How to answer questions about your past work?

When answering questions about your past work, don't overestimate your role or responsibilities. 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. It's as simple as that.

Why are some people denied a job?

Many applicants are denied because they claim they can go about their daily activities without any problems. Think long and hard about whether this is true for you. Do you have to use a motorized cart at the supermarket? Do you have to take breaks while washing dishes? Do you use a handrail to get in and out of the bath? Does your medication cause side effects like frequent headaches or fatigue?

How many times are you denied a job application without an expert?

According to a survey of our readers, applicants who filed an initial application without expert help were denied 80% of the time.

How much do you pay a legal representative?

No matter when you hire a legal representative, the most you'll pay is 25% of past-due benefits, with nothing out of pocket other than small case-related expenses. That means you don't have much to lose by hiring a representative even before you file your application.

Should I be forthcoming about my medical and/or mental health?

You should be forthcoming about your medical and/or mental conditions and how they affect your life. As a former disability claims examiner, I find that many individuals tend to underestimate the effect that their impairments have had upon their lives.