why should you get an attorney for disability

The benefits of hiring a disability lawyer include:

• You get professional legal advice at all times.
• A lawyer will do most of the legwork after you fill out basic forms.
• Lawyers might know legal loopholes to help your case work out in your favor.
• You can have the support that comes from having someone who is on your side (even though that’s their job).

Full Answer

What are the odds of winning a disability case?

Learn More: Appealing After A DenialStateInitial Approval RateAlaska60.7%Arizona60.7%Arkansas72.2%California70.0%47 more rows

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

What should you not say in a disability interview?

5 Things Not to Say in a Disability InterviewNo one will hire me; I can't find work. ... I am not under medical treatment for my disability. ... I have a history of drug abuse or criminal activity. ... I do household chores and go for walks. ... My pain is severe and unbearable. ... Legal Guidance When SSDI Benefits Are Denied.

How long does it take to get disability back pay once approved?

within 60 daysIf you were approved for SSDI, you should receive the entire amount of back pay at once, hopefully within 60 days of approval. If you are receiving SSI and have substantial back pay, you may receive three different installments, six months apart.

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 ...

What is the hardest state to get disability?

OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

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 does a disabled person do all day?

ADLs include things like shopping, cooking, getting around (either by public transportation or by driving yourself), cooking, paying bills, being able to take care of your personal hygiene, and so on.

Is disability always denied the first time?

No, the Social Security Administration (SSA) does not deny everyone the first time they apply. However, it does initially deny nearly two-thirds of all Social Security disability applications.

How far back will Social Security disability pay?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

How do you survive while waiting for disability approval?

There are some government-sponsored programs to help with disability income as you await a decision on your application or once you have been approved. These include Unemployment, Supplemental Nutrition Assistance Program (SNAP), and state-mandated short-term disability insurance (available only in five states).

How does disability determine how much you get a month?

Your benefit amount is based on the quarter with your highest wages earned within the base period. A base period covers 12 months and is divided into four consecutive quarters. The base period includes wages subject to SDI tax that were paid about 5 to 18 months before your disability claim began.

What are the top 5 disabilities?

Top 5 Disabling Conditions that Receive Disability Benefits1) Arthritis. Over 50 million adults and 300,000 children are documented to have some form of arthritis. ... 2) Degenerative Disc Disease. ... 3) Cancer. ... 4) Paralysis. ... 5) Parkinson's Disease. ... Contacting a Social Security Attorney.

What's the fastest you can get approved for disability?

The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.

What are the 6 types of disabilities?

Different types of disabilitiesvision Impairment.deaf or hard of hearing.mental health conditions.intellectual disability.acquired brain injury.autism spectrum disorder.physical disability.

What are a list of disabilities?

Common DisabilitiesAttention Deficit Hyperactivity Disorder (ADHD)Learning Disabilities.Mobility Disabilities.Medical Disabilities.Psychiatric Disabilities.Traumatic Brain Injury (TBI) and Post-Traumatic Stress Disorder (PTSD)Visual Impairments.Deaf and Hard of Hearing.More items...

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 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 is it important to have an ALJ?

This is important because the attorney understands, for example, how each ALJ likes a hearing to be conducted and whether the ALJ has any biases towards certain medical conditions.

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 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.

What is the most important factor in winning a Social Security claim?

The single most important factor to winning a claim is having the right medical evidence. Applicants frequently don't know exactly what to give the Social Security Administration (SSA) and may end up submitting too much irrelevant information and too little of what matters.

Assistance with your application

These forms can be detailed and can also be confusing if you don’t understand the words and expressions that are being used in them. You are also going to need supporting documents to back up your claim of back pain and your attorney will make sure that your supporting documents meet the conditions that are required.

Obtaining medical records

Your medical records are on file but getting copies of them for your application can prove to be time consuming and incredibly frustrating. Your disability attorney has done this many times before and so they will be able to track down your medical records and get copies of them much more quickly than you ever could.

Help at the hearing stage

If it happens that you are denied at the application level then it becomes even more important to have a disability attorney on your side. They will prepare your whole disability case for the hearing and they understand all of the social security rules and regulations that will help you win at the hearing.

Statistics show that those who hire legal representation for their Social Security Disability (SSDI) claim are three times more likely to win the benefits they deserve

The process of claiming Social Security Disability Insurance (SSDI) can be confusing and frustrating. Disabled workers looking to file a claim often find themselves in uncharted territory and may be unsure of how to proceed.

Experience and Legal Knowledge

A disability attorney has extensive knowledge of the SSDI claims process that a regular citizen does not have. They understand the legal jargon, the medical terminology, and the SSA’s criteria. They know how to navigate the claims process, and which facts of your case are most important to focus on to increase the likelihood of a successful claim.

Paperwork Collection and Deadline Dates

Even if you have a solid case, missing paperwork or important deadlines can lead to a denied claim.

Acting as a Liaison

Managing a physical or mental disability is stressful. Navigating the SSDI claims system makes many feel even more overwhelmed. By hiring a disability attorney you can relieve some of the stress and frustration that comes with a disability claim.

This is the number one reason to hire an attorney

At Midwest Disability, we put more than 50 years of combined experience on the side of people who can’t work and who need disability benefits. In addition, our limited focus on disability claims means that our lawyers are as familiar with the medical issues involved in these cases as they are the legal ones.

Should you hire an attorney or an advocate?

Non-lawyer advocates that handle SSD and SSI claims are allowed to charge you the same amount of money that a lawyer can charge — why trust your case or your chances for a successful result to someone with very little legal training when you can hire an attorney for the same price?

What do we do?

In brief terms, we evaluate, assess and order the evidence to build the strongest possible case for each person or family we represent. We don’t take short cuts. We pay attention to the details. We are well prepared to protect our clients’ interests at each stage of the process.

Reduce chances of unnecessary hassles

You indeed have to wait for some time to get your disability claim cleared. However, if you hire a disability lawyer, you will not have to wait long because they know all the legal shortcuts to help you get financial resources sanctioned much faster. Meanwhile, you can concentrate on your work.

You do not have to go through the detailed legal matters

Undoubtedly, the paperwork is quite lengthy and disturbing for some people because you have to manage medical history, work history and capabilities, and eliminations. Collecting all the information then jotting it down becomes quite draining and daunting, especially for people with physical disabilities.

Understand rules and regulations

Legal matters are not easy, and a layperson can’t understand them in one go. It functions like a secret code which is very hard to decipher. Therefore only inexperienced and well-versed lawyers can help you get the disability claim without much hassle.

Get a better and faster claim

Undoubtedly legal matters are pretty lengthy. Hiring an attorney will help you properly evaluate the case, and they will also help you communicate suitably with the doctors and hospital staff. They might also go for additional tests to supplement your medical records to get claims faster.

What happens if you are denied disability?

Should your original disability claim be denied, there will be an appeals process. Your lawyer will be able to speak for you at all of these reconsideration proceedings and hearings. As part of the preparation process, the attorney will gather key medical evidence for submission and will communicate with all medical professionals and physicians who treated you. Your legal representative will help you prepare for any questioning you may face from an administrative law judge.

What does a VE stand for in disability hearings?

The Social Security Administration hires vocational experts (VE) who appear at disability hearings to testify as to the type of work applicants should be able to perform given their medical conditions. The judge will use hypothetical situations posed as questions to the VE that include the documented symptoms of applicants. If testimony from the VE indicates a belief that the applicant can still work, the claim will most likely be denied.

What is the first factor to win a Social Security claim?

Because applicants do not have experience in this process, they may burden down the Social Security Administration with too much information that is not relevant and fail to give enough of the information that really matters.

Why Should I Speak to a Disability Lawyer if I Haven’t Applied?

Filing for Social Security Disability benefits can be a complicated and confusing process. Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied.

How Long Does It Take to Get Disability with a Lawyer?

But, some disability evidence reviews can take up to two years.

What happens if your claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

How to get a reconsideration hearing?

Your lawyer will file a request for reconsideration within the specified timeframe before time runs out. Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved. However, claims are often denied on the reconsideration level as well. At that point, you will file a request for a hearing before an administrative law judge.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

Why are disability claims denied?

Most applicants don’t know how to fill out the necessary paperwork and submit the correct medical documentation. This is a primary reason why over 65% of disability claims are originally denied.

What happens when an attorney checks in with the SSA?

Once your application is submitted, your attorney will check in with the SSA on your behalf and give you updates as they become available.

Experience and Legal Knowledge

Paperwork Collection and Deadline Dates

Acting as A Liaison

• Managing a physical or mental disability is stressful. Navigating the SSDI claims system makes many feel even more overwhelmed. By hiring a disability attorney you can relieve some of the stress and frustration that comes with a disability claim. An attorney will be in contact with your physician, collect the necessary medical documentation, and su...

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