when to see a disability attorney

What are the chances of getting approved for disability?

How long does it take to get a decision on disability?

How do you decide if you should go on disability?

How can I speed up my disability?

What should you not say in a disability interview?

What should you not tell a disability doctor?

What is the most approved disability?

What conditions are considered for disability?

Does Social Security Disability spy on you?

How do you survive while waiting for disability approval?

What is presumptive disability?

Who makes the final decision on Social Security disability?

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.

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.

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.

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.

Do you need a lawyer for SSDI?

But based on the results of a survey conducted by a private firm, about 60% of those who got their SSDI or SSI benefit did so with the help of a lawyer. This gives us an idea of how important disability attorneys are when fighting for your disability benefits.

What is disability lawyer?

Disability lawyers are trained to counter negative testimony presented by the vocational expert and to elicit supportive opinions. This skill requires an understanding of the complex way in which different jobs, and the skills needed to do them, are categorized.

Why don't doctors help with disability?

A supportive opinion from your doctor (s) is vital to winning a disability claim. However, doctors are sometimes unwilling to help disability applicants. There are many different reasons why doctors may not want to help; for example, a doctor may be unsure about how the disability process works or may be too busy to fill out forms. Some doctors may have personal opinions about Social Security benefits that make them unwilling to help. Also, a doctor simply may not believe the applicant is disabled.

Why are disability advocates important?

Represented applicants are more likely to win because, in part, disability attorneys and advocates know how to develop the evidence needed for an approval for that client's particular medical conditions. When a good disability attorney or advocate gets a case, he or she reviews the applicant's file carefully to determine whether any additional tests or medical records are necessary. The representative will then work with the applicant to get the necessary records and submit them on time to the SSA. The representative will also make sure that irrelevant information is not submitted, which is important if the claim goes to the hearing level, because administrative law judges (ALJs) often become aggravated if they have to sift through pages of irrelevant records.

What are the bad facts about disability?

Sometimes "bad facts" come in the form of a doctor's opinion that states that the applicant is not disabled or that the applicant is exaggerating symptoms. Other times, an applicant has not seen a doctor for many years or has been inconsistent with following a treatment plan, either of which can hurt the applicant's chances. Regardless of the specifics of the "bad facts," disability attorneys are often able to confront and explain the issues to the ALJ in ways that minimize damage to the applicant's case.

Why are lawyers more likely to win on appeal?

Applicants with lawyers are more likely to win on appeal is because most disability attorneys have extensive experience with the appeal hearing process. This experience gives attorneys the specialized skills needed to win your appeal. Experienced disability attorneys have also learned to work through the process correctly so there are as few additional difficulties as possible.

Why is it important to ask questions to an attorney?

This is important because if there are any areas in the applicant's testimony that weaken the case, the attorney is trained to spot the problem and to use further questioning to correct or clarify the applicant's testimony.

What does it mean when an attorney decides on the best argument?

Once the attorney has decided on the best argument, he or she can determine how to meet the requirements of the rules and regulations using the facts of the case. This also means that an attorney can anticipate weaknesses in a case and decide how best to manage them.

What to look for when calling a disability attorney?

When you call a potential attorney, pay attention to the level of professionalism and treatment you are given by the attorney and staff. Even though disability firms are generally busy places, you should still receive timely callbacks and be given the chance to ask questions.

What does a good attorney do?

A good attorney will give you an honest assessment of your case only after reviewing the facts. A good attorney will also admit that he or she probably can't get you approved any faster than you could on your own. Here is a sample question you should ask and a sample answer a good attorney should give you:

Do disability firms keep in touch?

Even though disability firms are busy places, you should be provided with a contact person who you can rely on to answer your questions. The firm should also keep in touch with you on a regular basis. Here are some questions you should ask to get an idea of how your case will be handled:

Can you speak to a disability attorney?

Don't be put off if you can't speak to the attorney the first time you call, or if you are asked to speak to a staff member for help with a question. This is because experienced disability attorneys spend most of their time in hearings and rely on their staff to field calls. However, a good firm should allow you to schedule a free consultation ...

Can a disability firm accept children's cases?

Not all disability firms will accept children's cases, and those that do may not have much experience with them. If you are filing on behalf of a child, make sure that the firm you deal with has experience with childhood disability questions.

Does Nolo have a disability license?

Nolo has confirmed that every listed attorney has a valid license and is in good standing with their bar association.

How long does it take to get disability?

Though it’s hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months. Social security disability attorneys already know what the SSA wants to see and hear. Their experience and knowledge of the system can help you get approval during the initial application stage. This means you won’t have to go through a lengthy case review and even an appeals process. They may even get you qualified for quick disability determination.

What happens if you are denied a disability claim again?

If your claim is denied again after a disability hearing with the administrative law judge (ALJ), your lawyer can also help you appeal your case with the Appeals Council. The council will look at new medical evidence (if any) or any evidence that was not considered by the ALJ . Your lawyer can also help you gather that new medical evidence if necessary.

What factors affect the turnaround time for disability?

Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.

What happens if you get denied at the OTR decision stage?

If you got denied at the OTR decision stage, a hearing date will then be set for your case. During this stage, your lawyer can help you:

How many people get legal assistance without a lawyer?

Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.

Can a lawyer alert the SSA?

They can also help you gather medical evidence and talk to medical professionals on how to properly present your condition to the SSA. If yours is a terminal illness, your lawyer can alert the SSA too so you’ll be eligible for expedited treatment.

How to find a disability attorney?

Nolo, a website which focuses on the law, runs a directory of disability attorneys that you can use. You can click on your state and then type in your zip code.

How to get a disability lawyer?

Other people hire an attorney when they first apply for benefits. In order to find a disability lawyer, you should gather referrals from a variety of sources and then look at the lawyers’ websites. Before hiring an attorney, be sure to meet for a consultation.

How to get referrals for disability?

Ask friends or family. You can get referrals by asking anyone you know who has used a disability lawyer in the past if they would recommend their attorney. Co-workers may be a good source of information as well.

How much do disability attorneys charge?

The law also limits how much disability attorneys can collect. Generally, a disability attorney can only collect as a fee 25% of your past-due benefits up to a maximum of $6,000.

What to do if a lawyer does not handle disability cases?

If the lawyer does not handle disability cases like your own, then you should be told that fact. Thank the person for their time and ask if they can recommend a lawyer who does handle cases involving your disability.

What is the purpose of asking questions about disability?

The purpose of these questions is to see if your case is something that the lawyer regularly handles. For example, some lawyers do not handle children’s disability cases.

How to find a lawyer's reviews?

Read online reviews. Many websites now offer online reviews. Avvo and Yelp both contain reviews for lawyers and law firms. You can type the lawyer’s name into a search engine and look for reviews.

What is disability law?

Disability law is somewhat of a specialty. Lawyers that do not practice mostly Social Security law are unlikely to be very familiar with the complex Social Security Disability and SSI regulations. You wouldn't hire a heart doctor to treat your back, and the same goes for law. Look for attorneys that belong to professional groups like the National Organization of Social Security Claimants Representatives (NOSSCR) to determine which ones are really up to date on Social Security law. Other attorneys just wouldn't know how to question you at your disaiblity hearing or how to challenge the testimony of vocational expert witnesses.

Do disability lawyers get paid?

And your attorney will only get paid if you are awarded benefits.

What expenses does a disability attorney have?

In some cases, a disability attorney will have out-of-pocket expenses related to requesting medical records, examinations, work records, etc. These charges are discussed in advance and in most cases are covered by the SSDI applicant.

What does an attorney do after accepting a case?

Once accepting your case, an attorney will help you to: Develop the medical evidence required to support your case (ie. retrieving medical records, doctor recommendations/statements, recommending additional testing).

How much is a contingency fee for disability?

This contingency fee is limited to 25% of the past-due benefits you are awarded (up to a maximum of $6,000.00).

Do I need a lawyer for SSDI?

Studies have shown that individuals who are represented by a lawyer when applying for SSDI benefits are three times more likely to have their disability claim approved. Whether you're filing a disability claim, appealing a denied claim, or filing for reconsideration, a qualified disability attorney can help your case in a number of ways.

What to do if you have a disability under the ADA?

If you have a disability under the ADA, you should contact a lawyer if you experience discrimination in employment . Here are some common forms this discrimination might take:

What to do if you are fired for disability?

If you have been fired, denied a job, or mistreated at work because of your disability, see a lawyer right away. The Americans with Disabilities Act (ADA) and similar state and local laws protect employees and applicants with disabilities from discrimination in employment. An employer may not discriminate in hiring, firing, promotions, benefits, ...

How many employees are covered by the ADA?

The ADA applies to employers with at least 15 employees. The ADA protects: An employee with a disability. An employee with a physical or mental impairment that substantially limits a major life activity is protected by the ADA. An employee with a history of disability. An employer can't discriminate against an employee because ...

What is disability in medical terms?

A disability is a physical or mental impairment that substantially limits a major life activity. Major life activities include tasks that are basic to everyday life, such as walking, hearing, seeing, taking care of oneself, learning, or speaking. Major life activities also include major bodily functions, such as normal cell growth or the proper functioning of the neurological, endocrine, reproductive, or digestive system.

How to sue for disability discrimination?

To safeguard your right to sue, you will need to file a charge of discrimination with a government agency relatively quickly. A lawyer can help you decide whether your case is worth pursuing, try to negotiate with your employer to come up with a settlement, or help you take steps to protect your rights.

When can an employer ask for a medical exam?

The ADA prohibits employers from asking applicants to take a medical examination until the employer has made a conditional offer of employment.

Can an employer discriminate against an employee with a disability?

An employee with a history of disability. An employer can't discriminate against an employee because the employee used to have a disability or has a record of disability.

What can a disability lawyer do for you?

Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.

What happens if a disability case goes to a hearing?

If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.

How long does it take to file a disability claim?

It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.

What is the purpose of a disability representative?

In addition to this, the purpose of a disability representative is to present a theory of the case to the judge and an argument for approval in light of the relevant facts and the medical vocational rules and social security guidelines that apply to the case ; the attorney or non-attorney representative will also respond to any testimony and hypothetical scenarios addressed by expert medical and vocational witnesses that the judge may choose to have appear at the hearing.

How long does it take to get a disability?

1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.

Why is the Social Security system receiving more claims than ever before?

This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.

Why is Social Security put on notice?

3. Social Security will be put on notice to notify your representative of everything that happens on your case, helping to ensure that everything proceeds properly.