why doesnt my attorney discuss my social security case with me?

Why is my Social Security disability case taking so long?

Oct 26, 2015 · Social Security Lawyers in Orange, CA Reveal number Private message Posted on Oct 26, 2015 The person answering the phone is looking at a computer screen. They may not have the decision itself accessible, and even if they did, they do not have authority to read or explain it to you. You need to wait and get your decision when it comes to you.

Can a Social Security disability claim be denied?

Aug 10, 2018 · In order to apply for Social Security disability benefits, you need to have paid Social Security taxes and you must have 40 work credits. You earn four work credits for each year that you earn a certain amount of money; in 2022, that amount was $6,040. 20 of the 40 credits must have been earned within the last ten years prior to your diagnosis.

Who is the nurse attorney for Social Security disability benefits?

May 20, 2021 · For SSI, if you have significant income or assets, a lawyer won't be interested in your case. A lawyer might also try to estimate the amount of backpay you'll receive, as lawyers' fees are paid out of your backpay. Whether There Is Substance Abuse

What happens if you don’t show up for Social Security medical exams?

However, they will be dismayed to learn that Social Security doesn’t accept POA, leading to a lot of frustration at the Social Security office. The reason it isn’t accepted is pretty simple. Power of Attorneys are created by local state law and vary depending on which state you are in. The federal agency doesn’t want to have to separately ...

How long does it take Social Security to review your case?

about 3 to 5 months* How long does it take to make a decision? Generally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

What are the chances of getting approved for disability?

On average, 35% of claimants get approved on the first application, 10% get approved if they appeal a denial of their application which is called a reconsideration, and approximately 50% get approved during an Administrative Law Judge hearing.

What happens after a fully favorable disability decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

How often is a fully favorable decision overturned?

Usually cases are reviewed every three years; but some cases are reviewed more often. Sometimes the decision will direct the Social Security Administration to conduct a review at a certain time. Often the Notice of Award will tell you when to expect a review.

What is the most approved disability?

Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.Dec 16, 2021

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...•Oct 20, 2019

How far back does SSA disability pay?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

Who makes the final decision on Social Security disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

Can an ALJ decision be overturned?

ALJ decisions are not binding legal precedent. Courts or federal agencies can overturn their decisions under certain circumstances such as where those decisions are unsupported by substantial evidence in the record.Nov 5, 2020

Can SSA appeal ALJ decision?

The preferred method for appealing the ALJ's decision or order is by using the SSA secure online process AC iAppeal Online. You may also use the form below, write a letter or fax.

What does unfavorable disability mean?

What does Notice of Decision - Unfavorable mean? This decision finds that you are not disabled and never were disabled according to Social Security laws, regulations, and rules.Apr 4, 2020

Ethan K. Pham

If a decision has been made, they sometimes can say if it has been approved or denied. You should be getting it in the mail soon anyway. If it's a denial, be sure to appeal before the deadline. Also notify SSA if you move. You want to make sure you'll be getting important mail at your new address.

Nan Shelby Calloway

The person answering the phone is looking at a computer screen. They may not have the decision itself accessible, and even if they did, they do not have authority to read or explain it to you. You need to wait and get your decision when it comes to you.

Lloyd A. Pont

I agree with the prior two answers. You should be getting an answer soon. If you are denied make certain to hire a good and local attorney right away to appeal.

Why are disability claims denied?

Many Social Security Disability claims are denied due to a lack of solid medical evidence. If you want to qualify for disability benefits you will need to prove that you are unable to work due to your disabling condition.

What is RFC in medical?

The RFC determines how much work you are capable of performing given the limitations of your condition. Your doctor is the one who fills out the RFC form, thus ensuring that the information provided is based entirely upon your medical history.

What is the success rate of disability appeals?

You are able to bring witnesses who can support and corroborate your claims. There is an average success rate of 62% at this stage.

What is the most important thing to keep for Social Security?

The medical records kept by your primary care physicians are what will be most important in determining the success of your claim for Social Security Disability benefits. Because of this, it is very important that you discuss how your disability is impacting your work life with your physician.

What happens if you don't show up for a Social Security exam?

If you fail to provide the Social Security office with requested documentation or fail to show up to your scheduled medical exams, your claim will be denied. Because of this, it is important to remain in contact with the person handling your case and provide any and all documentation requested in a timely manner.

What happens if you don't follow the treatment prescribed by your doctor?

If you fail to follow the treatment prescribed to you by your doctor, the Social Security Administration will deny your claim. The reason for this is that the examiner will not be able to accurately determine whether or not your condition actually prevents you from being able to work if you are unwilling to cooperate with treatment.

Can you appeal a Social Security disability decision?

Fortunately, the Social Security disability benefits program offers a comprehensive set of appeals guidelines that have a great success rate. When you appeal a decision, the understanding at that point is that you truly believe you qualify for disability benefits.

What factors do lawyers consider when they decide to take a case?

Here are some of the factors lawyers consider when they decide to take a case. Some of the factors, such as age or medical condition, you can't change, but with other factors, you might be able to take actions to make your case more attractive to a disability attorney.

Why do lawyers focus on other factors when taking a case?

Because medical records are complicated, and a lawyer isn't always in the best position to assess whether Social Security is likely to grant a medical allowance for a complex medical condition, lawyers often focus on other factors when deciding to take a case.

What to do if you don't have a good case?

You might ask the attorney or paralegal you spoke to for details on why they don't think you have a good case. If it has to do with your medical records, recent work, substance use, or receipt of unemployment benefits, you can address these issues before continuing with your claim.

What happens if you don't see a doctor?

If you aren't currently seeing a doctor, and don't have a history over the past several years of seeing a doctor, you'll have a harder time finding a lawyer to take your case. Good medical records are probably the most important factor in getting an approval for benefits, and this is especially true for mental claims.

Can I file for disability if I haven't worked for years?

More disability claims are denied for financial or work credit eligibility reasons than for medical reasons. For SSDI, if you haven't worked for a numbers of years, meaning your " date last insured " is in the past, a lawyer won't likely take your case—unless you might be eligible for disability through SSI.

Can a disability lawyer take your case?

Some disability lawyers won't take your case until you've been denied benefits. They'd rather not help out at the application stage, but they'd be more than willing to represent you at the appeal hearing.

Can a lawyer take a case for fibromyalgia?

Having what appears to be a severe medical condition will obviously help convince a lawyer to take your case, but there are certain conditions that some lawyers don't like to see in your medical file. Fibromyalgia is one of them. Historically it's been difficult to get benefits for fibromyalgia, though it's gotten easier since Social Security published a ruling on the subject. Also, applying for fibromyalgia along with similar conditions, especially a lesser known condition like Ehlers-Danlos syndrome, may signal to Social Security that you still haven't received the proper diagnosis.