when is it too late to get an attorney for disability

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

How long does it take to get a disability claim?

According to the SSA, the average processing time for disability benefit claims is 103 days in 2018. But some disability reviews may take up to two years. Some factors that can affect the turnaround time include: A disability lawyer knows what the SSA wants to see and hear.

How to get disability approval?

To help you get approval at this stage, your lawyer can: 1 help you gather substantial medical evidence proving the extent of your disability 2 present a clear and concise argument as to why you deserve the benefits 3 negotiate your disability onset date 4 convince the Attorney Adjudicator on the specific merits of your case

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

How many accommodations do you need for an attorney?

Sometimes an attorney may need only one accommodation, while in other cases she may need two or more accommodations. 33 The need for reasonable accommodation also can change over time, particularly for degenerative disabilities. 34 Attorneys with disabilities should not assume that since they asked for accommodation once, the employer knows when a different accommodation is needed. To the contrary, attorneys should make a new request if a current accommodation no longer works or if an additional accommodation is required. If it is unclear why a new accommodation is needed, an employer should again engage in the interactive process. Generally, an employer should not ask for additional information to establish that the attorney has an ADA "disability" unless previous information suggested that the disability or its limitations would be of limited duration. 35

How long does it take to file a discrimination claim with the EEOC?

The charge must be filed by mail or in person with a local EEOC office within 180 days from the date of the alleged violation. The 180-day filing deadline is extended to 300 days if a state or local anti-discrimination law also covers the charge. 47

What is diversity in the legal profession?

Equal Employment Opportunity Commission (EEOC), entitled Diversity in Law Firms, notes the significant role that lawyers play in social, economic, and political life and the influence that minorities and women have been able to attain as their numbers in the legal profession increase. 1

What is reasonable accommodation?

Reasonable accommodation refers to any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities. There are three categories of reasonable accommodation:

Does an employer have to provide reasonable accommodation?

An employer has no obligation to provide a specific form of reasonable accommodation if it will cause "undue hardship," i.e., significant difficulty or expense. 42 Employers should not assume that because one accommodation would result in undue hardship, there would be undue hardship in providing any accommodation. Undue hardship must be determined on a case-by-case basis, taking into consideration the following factors:

What should an employer do after receiving a reasonable accommodation request?

After receiving a request for reasonable accommodation, an employer should move expeditiously to respond to it, seeking any additional information that is needed, and make a determination. 28 In some cases, there will be an urgent need to make a determination.

How long does it take for an EEOC to file a lawsuit?

If the EEOC finds no discrimination, or if an attempt to resolve the charge fails and the EEOC decides not to file suit, it will issue a notice of a "right to sue," which gives the charging party 90 days to file a lawsuit.

What can having a disability lawyer do for you?

The process of applying for and dealing with appeals when it comes to disability can be really difficult and discouraging. If you get a disability lawyer, you can help yourself have someone there with you through the whole thing. The benefits of hiring a disability lawyer:

Using a disability lawyer for workers compensation

Workers comp gets really tricky when you’re applying for it and even when you’re collecting it. If you fill out any forms the wrong way, you could risk losing your claim and that could leave you with thousands of dollars that you owe for the medical damage.

Social security hopefuls might want to hire an attorney

Even just filling out the paperwork for a social security disability filing can be difficult. An attorney can help you figure out the right way to do the paperwork and what you need to further support the information you’re using to file the claim.

It might be harder to get a disability lawyer in these instances

One instance where you might not be able to use a disability lawyer is if you file a claim with the VA. You will need to retain the help of a disability lawyer before you file your claim. As Nicole found out the hard way, you cannot hire a lawyer after the claim has been filed.

How you can get a disability lawyer with no money upfront

When a lawyer does work without getting paid, they do pro bono work. This is somewhat uncommon, but it does happen. Many communities have organizations that work specifically for this purpose and lawyers volunteer their time to give pro bono work. You can use this directory to find a pro bono lawyer in your area.

The ultimate disability guide

Social Security is notorious for denying applications for reasons that only an experienced attorney would be able to spot. We want you to have the best chance at getting the benefits you earned. Here are several tips we put together to give you the best chance in dealing with the Social Security Administration.

Frequently asked questions

G. How to Win Social Security w/out a Lawyer from Gravis Law, PLLC on Vimeo

When You Should Claim Social Security Disability

Suffering from a disability is something that will financially impact your life and the lives of your dependents. Disability does not just affect the elderly; it affects younger people as well. Many young people have become disabled to the point where they cannot work before reaching their retirement age. Social Security Disability benefits play a…

What to do if you are denied disability?

If you are denied on your initial disability claim, it's good advice to get an attorney, or even a non-attorney representative, to represent you and help you with your claim for continuing and retroactive benefits (disability backpay).

What to do if you lose your Social Security benefits?

While these "treatment sources" (what Social Security calls doctors) are not the best, they are, simply put, better than nothing.

What is RFC in medical?

Reason: RFC stands for " residual functional capacity ." RFC forms are used by DDS examiners to determine how much functional ability you have despite your medical condition. Each claims examiner must have a DDS unit physician or psychologist complete a physical or mental RFC form before a claimant's case can be closed. If your treating doctor submits an RFC form, the claims examiner may rely on it to create your internal RFC. For more information, see our article on the DDS and doctor's RFC forms.