what type of an attorney handles social security claims

A retirement or pension attorney will work on your behalf to resolve any concerns or disputes and file an ERISA claim if necessary.

Full Answer

How to find the Best Social Security lawyer?

Oct 31, 2013 · There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases. Fee Agreements for Disability Claims. Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000, whichever is less.

What does a Social Security Attorney do?

Sep 30, 2021 · The fee is limited to 25% of your past-due benefits, up to a maximum of $6,000. 1. The attorney will have you sign a document that allows Social Security to pay the law firm directly. 3 Most ...

When to talk to a Social Security disability lawyer?

Feb 04, 2022 · Understanding your social security claim. It’s always important to have a North Myrtle Beach Social Security Disability Lawyer handle your claim because there is a need to develop medical evidence and they can present a theory of your disability. Social Security disability lawyers can manage these cases differently, though there are many ...

What is a Social Security Attorney?

You've come to the right place. If you or someone you know is unable to work because of a long-term disability, and who may be eligible to receive social security disability benefits (SSDI) from the government, a social security disability lawyer can help. Use FindLaw to hire a local social security disability attorney near you to help guide you through the claims process, and resolve …

What is Social Security disability attorney?

A Social Security disability attorney has experience dealing with the Social Security Administration (SSA) and, as a result, is very skilled at handling the various issues that may arise throughout the application process.Mar 5, 2018

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

Who can help me with Social Security benefits?

In addition to using our website, you can call us toll-free at 1-800-772-1213. We treat all calls confidentially. We can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday.

Can you file a lawsuit against Social Security?

Under federal law, you cannot sue the Social Security Administration (SSA) directly. ... The SSA cannot help you with a complaint (or brief) for a federal appeal. You can either file the complaint yourself or hire an attorney who is experienced in appealing disability denials at the federal level to assist you.

What is a Social Security authorized representative?

A claimant may appoint a qualified individual to represent him or her in doing business with Social Security. The appointment must be in writing and must be filed with SSA. ... To get this approval, the representative must use one of Social Security's fee authorization processes.

What are the top 10 disabilities?

4 days agoWhat Are the Top 10 Disabilities?Musculoskeletal System and Connective Tissue. This group made up 29.7% of all people receiving Social Security benefits. ... Mood Disorders. ... Nervous System and Sense Organs. ... Intellectual Disabilities. ... Circulatory System. ... Schizophrenic and Other Psychotic Disorders. ... Other Mental Disorders. ... Injuries.More items...

What are the top 5 disabilities?

Here are 10 of the most common conditions that are considered disabilities.Arthritis and other musculoskeletal problems. ... Heart disease. ... Lung or respiratory problems. ... Mental illness, including depression. ... Diabetes. ... Stroke. ... Cancer. ... Nervous system disorders.More items...•Oct 16, 2017

Who handles SSI?

SSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older.

What are the 3 main types of Social Security benefits?

There are three types of Social Security benefits:Retirement benefits.Survivor benefits.Disability benefits.

Is Social Security getting a $200 raise per month?

Social Security checks with the COLA increase are set to go out in days, and some people can expect an increase worth hundreds. The COLA increase was 5.9% due to the inflation caused by COVID-19. The average increase for individuals will be around $92.Jan 9, 2022

How do I file a complaint against Social Security?

Call us toll- free at 1-800-772-1213 or at our TTY number, 1-800-325-0778, if you're deaf or hard of hearing. If you need to speak to a person, we can answer your calls from 7 a.m. to 7 p.m., Monday through Friday.

Is there a class action lawsuit against Social Security Administration?

Closing of Social Security Field Offices Disrupted SSI Benefits for Thousands, Lawsuit Charges. Plaintiffs in a class-action lawsuit against the Social Security Administration (SSA) might describe it as an open-and-shut case. ... As of September 2021, some 2.3 million people aged 65 or older were receiving SSI payments.Nov 23, 2021

What is the difference between SSI and SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

How do you know if your SSDI hearing went well?

When you do finally receive your Notice of Decision from the ALJ, read it closely. It will say whether you have been approved for benefits or denied, along with the rationale for how that determination was made. If you are successful, you'll either receive a fully favorable or a partially favorable decision.Nov 26, 2019

Can a family member be a Social Security representative?

Family members or close friends of the beneficiary typically serve as representative payees, but Social Security can also appoint a qualified organization for the role.

How Disability Attorneys Get Paid

There are two ways for Social Security attorneys to get paid: fee agreements and fee petitions. Fee petitions are used for overpayment cases.

Retainer Fees For Overpayment Cases

When attorneys take Social Security overpayment cases, they will almost always ask you to pay a retainer fee upfront before they will start work. A...

Should You Hire An Attorney For An Overpayment Case?

An attorney can help you by filing an overpayment waiver request, appealing the denial of a waiver request, or negotiating a repayment plan.But eve...

How to Find An Attorney Who Will Take An Overpayment Case

If an attorney represented you at an earlier stage in your disability case, you should consider contacting that person to see if he or she can help...

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 is retainer fee?

A retainer represents an estimate of the number of hours it might take the attorney to work on your case. For example, if an attorney thought it would take him 15 hours to handle your overpayment case, and his usual rate is $200 per hour, then he might decide to charge you a $3,000 retainer fee before beginning work on your case (15 hours x $200).

How much do disability attorneys charge?

Usually, a disability attorney will enter into a fee agreement with you to take 25% of your disability backpay or $6,000 , whichever is less. Then, when the case is over, if you have won, Social Security forwards the attorney's fee to your attorney.

Can a disability attorney take overpayment cases?

If you are looking for an attorney to represent you in your Social Security overpayment case, you will find that many disability attorneys do not take overpayment cases. The reason has to do with Social Security's rules about how attorneys get paid.

What happens if you lose your Social Security case?

That is, if you lose your case, you will owe your attorney $3,000 in fees (if Social Security approves the request), and you will still owe the overpayment. On the other hand, if Social Security says you owe a $160,000 overpayment, and your attorney will charge you a $3,000 retainer to begin working on it, then you might decide ...

What is legal aid?

Legal Aid attorneys work for non-profit law firms whose goal is to provide free legal advice and representation to low-income individuals in civil cases. (A civil case is any kind of case that does not involve a crime. Disability cases are civil cases.) Legal Aid attorneys may be more likely to take overpayment cases than some disability lawyers, ...

What questions should I ask a lawyer?

You might talk to somebody in the office to get your first round of questions answered. Some initial questions could include: 1 Do you have experience with clients that have [your medical condition]? 2 How many approvals are at the hearing level? 3 What percentage of your cases did you win, gaining your clients their full benefits?

What to do if you can't resolve a Social Security claim?

If you have a Social Security dispute that you can’t resolve on your own, finding a lawyer can be the next step. Since you may not have a lot of experience looking for lawyers—particularly lawyers specializing in Social Security—we put together a guide to help you find the right one for your case.

Can I get Social Security if I can't work?

If you do qualify, you can get monthly benefits checks only if you are unable to work for at least one year because of a disability. 2. If you paid into the system in the past, you can't work for at least a year, and still didn't receive your benefits checks, your disagreement with Social Security probably stems from whether your medical condition ...

What is a disability on Social Security?

Social Security disability is for people who have a medical condition that fits Social Security’s definition of a disability. And to qualify, you must have worked in jobs covered by Social Security. 2 In other words, if you never paid into Social Security, you’re not going to get anything out. If you do qualify, you can get monthly benefits checks ...

Ask a Potential Social Security Disability Lawyer the Right Questions

Make sure that when you meet with lawyers or otherwise communicate with them, you ask plenty of questions. This will help you assess the attorney’s qualifications and suitability for your case.

Hiring an Attorney vs. Hiring a Non-lawyer Representative

You can hire lawyers or nonlawyer representatives to file your Social Security disability claims. Non-lawyer representatives are not licensed attorneys.

Set Up a Consultation with Social Security Disability Lawyer Rob Levine

Discuss your claim with the “Heavy Hitter ®,” Social Security disability attorney Rob Levine. Call 1-866-LAW-SSDI to set up a consultation, or fill out the online contact form to schedule your appointment. We assist clients in Rhode Island, Connecticut and Massachusetts.

Negotiate Bureaucracy

If you are unable to work because of a medical condition, you may qualify for disability benefits from the Social Security Administration (SSA). There are several government programs available to provide you with these benefits if you meet the medical, financial, and other criteria. The two largest programs are:

Gather Evidence

To qualify to receive social security disability benefits, medical evidence is extremely important. This evidence includes all medical records from the hospital, your doctors, and other providers. Sometimes it might include formal statements from other medical professionals involved in your treatment and care.

Negotiate

You may only think to hire a lawyer when your claim is denied and you are exploring the appeals process. There are four reasons a claim may be denied.

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.

Helping family members obtain death benefits

Losing the care and comfort of a loved one is devastating for family members. It can be even more difficult to cope with the loss when you and your family relied on your loved one as a financial provider. The uncertainty of your financial future can cause immense stress at a time when you are already dealing with a terrible loss.

Eligibility for death benefits

Using more than 30 years of legal experience combined with the expertise of a board-certified specialist in Social Security disability law, Pensacola and Mobile death benefits lawyer Byron A.

Social Security disability death benefits for survivors

Eligible family members are entitled to receive a lump sum death benefit payment on the worker’s record of $255 as of 2012. In addition, our death benefits attorney in Baldwin County may be able to help eligible family members obtain monthly benefits:

Helping you obtain benefits after the death of a loved one

For help from our death benefit attorneys and staff in Baldwin County, Mobile County and the surrounding areas, contact Byron A. Lassiter & Associates, P.C. online or by phone toll free at 800.544.3568. Initial consultations are free and there are no fees unless we win.