why do i need a ssdi attorney?

A SSDI lawyer can help by:

• Gathering crucial medical evidence about your condition
• Speaking with your doctor to get their opinion on your disability
• Preparing you for the appeal hearing with an administrative law judge
• Working with witnesses or experts to support your claim

Full Answer

Can a disability attorney help you get Social Security disability benefits?

But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.

Why do I need a social security attorney or advocate?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Should I hire a Social Security appeal lawyer?

But unless your case is very clear-cut and the evidence points strongly to your disability, you're likely better off hiring a Social Security appeal lawyer. (Note that if you lose your appeal with Social Security and have to appeal to federal court, you will definitely need to hire a lawyer at that point.)

Should I hire a lawyer for my disability hearing?

You aren't required to hire a lawyer to assist you at your disability hearing, but bringing an experienced disability lawyer can really improve your chances of winning your claim.

Why are most SSDI claims denied?

The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.

What can cause you to lose SSDI?

Common Reasons People Lose SSDIYour condition improves to the point where it doesn't interfere with your ability to work. SSDI benefits are based on your ability to work. ... You return to work for any reason. ... You reach retirement age. ... You are incarcerated or convicted of a felony.

What does SSDI look for?

Be unable to work because you have a medical condition that is expected to last at least one year or result in death. Not have a partial or short-term disability. Meet SSA's definition of a disability. Be younger than your full retirement age.

Is SSDI difficult to get?

But unfortunately, obtaining SSDI benefits is not easy. In fact, it's rather difficult. Approximately 70% of initial SSDI claims are denied every year. In other words, less than one-third of initial claims are approved.

What disqualifies a person from disability?

The legal definition of “disability” states that a person can be considered disabled if they are unable to perform any substantial gainful activity due to a medical or physical impairment or impairments which can be expected to result in death or which has lasted or can be expected to last for a continuous period of ...

How much money can you have in the bank with SSDI?

The SSDI program does not limit the amount of cash, assets, or resources an applicant owns. An SSDI applicant can own two houses, five cars, and have $1,000,000 in the bank. And the SSDI program doesn't have a limit to the amount of unearned income someone can bring in; for instance, dividends from investments.

What is the average disability check 2022?

In 2022, the average SSDI payment for an individual is $1,358, but almost two-thirds of SSDI recipients receive less than that. And only 10% of SSDI recipients receive $2,000 per month or more. The 2022 average monthly benefit for an SSDI recipient who has a spouse and children is $2,383.

Is anxiety a disability?

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 long does SSDI last?

To put it in the simplest terms, Social Security Disability benefits can remain in effect for as long as you are disabled or until you reach the age of 65. Once you reach the age of 65, Social Security Disability benefits stop and retirement benefits kick in.

How can I increase my chances of getting disability?

Tips to Improve Your Chances of Getting Disability BenefitsFile Your Claim as Soon as Possible. ... Make an Appeal within 60 Days. ... Provide Full Details of Medical Treatment. ... Provide Proof of Recent Treatment. ... Report your Symptoms Accurately. ... Provide Medical Evidence. ... Provide Details of your Work History.More items...•

What's the easiest state to get approved for disability?

KansasKansas offers the highest chance of being approved for social security disability.This state has an SSDI approval rate of 69.7% in 2020. It had the second-highest approval rate in 2019, with 61.3% of SSDI claims approved.The average monthly benefit for SSDI beneficiaries is $1,228.

What percentage of people get denied SSDI?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied. Understanding why these applications are not approved may help you be successful if you need to apply for benefits.

Why would Social Security Disability benefits be suspended?

If you realize that you've been overpaid or that you're at risk of being overpaid by Social Security due to your substantial work activity and wages, you may be able to request that your SSDI payments be suspended.

At what age does SSDI stop doing reviews?

aged 65If your disability continues, you are not substantially employed, you are not incarcerated, and you prepare for and cooperate with the SSA's continuing disability reviews, your social disability benefits should continue until you are aged 65 when they will convert to retirement benefits.

How long does SSDI last?

To put it in the simplest terms, Social Security Disability benefits can remain in effect for as long as you are disabled or until you reach the age of 65. Once you reach the age of 65, Social Security Disability benefits stop and retirement benefits kick in.

Can SSDI benefits be reduced?

Synopsis: When SSDI recipients obtain employment or other income it can affect the amount of SSDI for which the individual is eligible. There is some income that may reduce your SSDI benefits. It is important to check and make sure you are aware of what types of income will affect your benefits.

How We Can Help You With Your Case

At the Law Offices of Sharon J. Meyers, in Kansas City, Missouri, we gather all the medical records that exist and request additional reports from your doctors if your records are incomplete.

Pursue The Full Benefits You Deserve Today

Once we help you win your case, we ensure that Social Security officials calculate your benefits correctly. This includes ensuring that the SSA accurately determines your “disability onset” date, which has an important impact on the amount of back pay you receive.

Can a non-attorney handle SSDI?

The Social Security Administration allows non-attorney representatives to handle cases if they meet certain criteria, but they are not licensed lawyers. Non-attorney representatives can charge the same fee as an attorney, so why not hire an experienced attorney at West Coast Disability Law Group since we have represented thousands of people just like you. Additionally, non-attorney representatives cannot handle Social Security Disability claims at the Federal court level while an attorney can.

Can a disability attorney miss a deadline?

An experienced disability attorney will not miss a deadline. Social Security claims have very specific time frames that cannot be missed. Our experienced attorneys are aware of what the regulations require and meet every deadline.

If Your Application Is Denied, It Becomes More Complex

It is worth noting that many people attempt to undertake the process alone and eventually get denied. Once this occurs, the process becomes even more complicated with respect to appealing and building your case.

Set Up A Free Consultation

To get in touch and schedule a free initial consultation regarding your issues with an SSI/SSDI lawyer, please call 559-554-1455 or email our SSD lawyer.

What is the best way to find a lawyer for disability?

Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation. The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims.

Who can fill out the SSDI application?

A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.

How much does Social Security pay a representative?

In a typical fee agreement, the representative's payment is capped by federal law at 25 percent of back pay or $6,000, whichever is less.

How to file SSA-1696?

Once you've chosen someone to handle your case, you need to notify Social Security in writing. Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

What to do if you disagree with Social Security?

Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Do disability lawyers get paid?

Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

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.

What can a disability psychologist do after gathering all the information about your disability?

After gathering all the information about your disability, they can formulate a theory for why you are disabled. They will then use this theory to argue that:

What happens if you have never applied for disability?

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. The information you’ll provide them about your denied disability is essential.

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.

Why do I need an SSI disability attorney?

Let’s start with what it would be like to apply for SSI disability without an attorney. First, you would be responsible for all documentation and research regarding your own case. You would need to file all your initial documents and attach the most important medical records to your file. This would include knowing the right documents to fill out, handling your own medical history and records and choosing the right information needed for your claim , and dealing with the Social Security Administration on your own.

How to find a good SSDI attorney?

Quick Tips on Choosing an SSI Attorney: 1 Choose a law firm that specializes in disability. 2 Choose a law firm that is local and knows the judges and administrators in your county. 3 Choose a law firm with the most experience in SSDI and SSI. 4 Choose a law firm that treats you like an individual, not a number. 5 An SSI attorney isn’t paid unless they win your case.

What is the difference between Social Security Disability and Supplemental Security Income?

Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need. If you are applying for SSI, you have limited income and resources and have not paid enough ...

Why do people give up on claims?

Often people handling their own claim can be overwhelmed with the system and give up when deadlines, requirements, or incomplete details are missed by accident. If a denial comes through at the initial claim, many people give up, not knowing that denials are very common in the early stages.

Who will communicate with the SSA?

Your SSI attorney will communicate with the SSA on your behalf.

Can I go to an SSA office in person?

With an SSI attorney on your side, your legal team will communicate with the SSA on your behalf. There’s no need for you to visit an SSA office in person.

Can I get SSI if I have limited income?

If you are applying for SSI, you have limited income and resources and have not paid enough into Social Security to be eligible to receive benefits directly from Social Security. SSI is instead funded by taxpayer dollars.