why woukd you need an attorney for ssdi

by Misty Haley 6 min read

Having an SSI

Supplemental Security Income

Supplemental Security Income is a United States means-tested federal welfare program that provides cash assistance to individuals residing in the United States who are either aged 65 or older, blind, or disabled. SSI was created by the Social Security Amendments of 1972 and is incorporated in Title 16 of the Social Security Act. The program began operations in 1974.

attorney gives you these advantages: Your SSI attorney will communicate with the SSA on your behalf. Your SSI attorney will help build your file with the right information. Your SSI attorney will connect the symptoms of your disability to the letter of the law, to best help you win benefits.

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.

Full Answer

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

Apr 08, 2022 · An SSDI attorney can help you understand the application process if your mom or dad has a disability like ALS or Alzheimer’s forcing them into early retirement. Call to schedule a consultation. The Law Office of James Dolenga offers Medi-Cal Planning, Estate Planning, SSDI, SSI, and Elder Law Attorney in Simi Valley CA. Call today for your legal consultation.

Why do I need a social security attorney or advocate?

Applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) can be a difficult process. The paperwork can seem overwhelming, and making even a small mistake can lead to delay or denial of your claim. By having an experienced attorney assisting you in the process as early as possible — at either the initial or reconsideration level — you gain the …

Who can help me with my Social Security disability case?

May 21, 2021 · 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.

Will Social Security deduct my disability attorney’s fees?

In addition to having an expertise with the disability system, your representative does not have the emotional investment that you have in your disability claim; consequently your representative or attorney will be able to give an organized presentation of the facts of your disability claim -- your medical background, your condition and how it limits you, your work history, and the reasons …

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.

How does SSDI investigate?

The SSA investigators may come to your house to investigate you. They will typically pose as detectives or perhaps, some form of police officer. You have a right to ask for their identification. They will usually say they are investigating the theft of your identity.Jul 1, 2021

How does a settlement affect SSDI?

A settlement in a personal injury case will have no impact on your SSDI benefit — you do not need to take any additional steps to continue receiving your full SSDI monthly payments solely because you obtained a PI settlement.Jun 18, 2021

How long does SSDI have to make a decision?

about 3 to 5 monthsGenerally, 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. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

Does SSDI monitor your bank account?

On the other hand, if you receive disability benefits through the Social Security Disability Insurance (SSDI) program, the SSA won't check your bank account. Individuals qualify for SSDI based on their work history. Claimants who receive SSDI or SSI will be subject to ongoing eligibility reviews.Dec 31, 2020

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

What is a lump Social Security payout?

A lump-sum payment is a one-time Social Security payment that you received for prior-year benefits. For example, when someone is granted disability benefits they'll receive a lump sum to cover the entire time since they first applied for disability. This period could cover months or years.Dec 22, 2021

Can you lose your disability benefits?

Social Security disability benefits are rarely terminated due to medical improvement, but SSI recipients can lose their benefits if they have too much income or assets. Although it is rare, there are circumstances under which the Social Security Administration (SSA) can end a person's disability benefits.

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

What is SSI vs SSDI?

The major difference is that SSI determination is based on age/disability and limited income and resources, whereas SSDI determination is based on disability and work credits. In addition, in most states, an SSI recipient will automatically qualify for health care coverage through Medicaid.

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

What does a SSI attorney do?

Your SSI attorney will help build your file with the right information. Your SSI attorney will connect the symptoms of your disability to the letter of the law, to best help you win benefits. If you are denied and need to appeal, your SSI attorney knows exactly how to strengthen your claim.

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 ...

Can I apply for disability without an 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, ...

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.

An Experienced Lawyer Can Prevent You From Doing Things That Will Hurt Your Case

Many people believe that the information they are providing to the Social Security Administration (SSA) is helpful when, in fact, they are hurting their cases.

Contact My Firm To Learn How An Experienced Lawyer Can Help

You need someone on your side — someone who can help you avoid mistakes, protect your interests throughout the process and possibly even make suggestions regarding your medical care.

How to find a disability attorney

There are thousands of attorneys and professional advocates across the U.S. with expertise in Social Security disability. Some advocates formerly worked for the SSA, as disability examiners or claims representatives.

How much does it cost?

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.

With The VA, Should I Hire A Lawyer?

It is always a personal choice, but there are a few things to know. The real reason to hire an attorney is if you believe that they can help you get a better result from the VA on a disability claim that has been denied, or not rated high enough for your liking. That’s it. There is no other good reason.

Choosing Lawyers

It’s important to find a SSDI lawyer who knows about VA claims and will represent your interests. Here are some of the best questions to ask an attorney.

Lawyer Cost

The cost of a SSDI lawyer is always going to vary. Typically these fees will be paid directly out of the any lump-sum payment you get from the VA.

Communicate With Your Lawyer

The first thing you need to know is that you probably won’t find a SSDI lawyer who is local to you. Also, the best fitting lawyer for you most likely will not be local either. Veterans SSDI lawyers work at the federal level so as long as they are certified by VA to represent veterans, you can choose any lawyer.

Free Legal Help Is Always Available

If you are hesitant about paying out a lot of cash for a SSDI lawyer, you should know that free, or pro-bono, legal assistance is widely available to help veterans. The National Veterans Legal Services Program (NVLSP) provides free legal assistance to veterans appealing a denial of disability benefits to the U.S.

Legal Rights And Benefits Knowledge

Always keep your eyes open, be aware and get what you are entitled to and deserve.

How to prove disability?

Next, your attorney will develop a "theory" of why you are disabled under Social Security disability law. Your attorney will write a legal brief for the judge explaining the theory of the case. There are three main possible "theories" an attorney can use to do this. Your lawyer can: 1 prove that your condition meets a disability "listing" 2 prove that you "grid" out of all work (including not being able to do your past work) 3 prove that your non-exertional limitations prevent you from working, or 4 prove that your exertion level is " less than sedentary ."

Can an attorney represent you?

You must answer all of your attorney's questions as honestly as you can—even if the questions are embarrassing or you feel ashamed of the answers. Otherwise, your attorney cannot represent you effectively. Remember that your attorney is not there to judge you, but to help you win your claim.