why would an attorney lock your ssi case

Can SSI be taken away from you?

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 does it mean when Social Security closes a case?

A closed period, in terms of Social Security Disability benefits, is the time between the onset of your disability and the time when you were able to return to work. If this period exceeds twelve months, you may qualify for SSDI and/or SSI back pay, even though you returned to work.

How long does the reconsideration process take for SSI?

On average, it will take between three to five months to complete the Social Security Disability reconsideration process and receive this letter of decision. Here are some tips on how you can get your reconsideration request approved.

How often does SSI review your case?

about every three yearsIf improvement is possible, but can't be predicted, we'll review your case about every three years. If improvement is not expected, we'll review your case every seven years. Your initial award notice will tell you when you can expect your first medical review.

Why was my SSI Case closed?

The most frequently cited reasons for these case closures were excess income and death. Of those cases closed for reasons other than death, about 43 percent eventually returned to payment status. This study presents an analysis of a l-percent sample of SSI recipients whose cases were closed during 1990.

What is Section 216 I of the Social Security Act?

Section 216(i) of the Social Security Act provides for the establishment of a period of disability, and section 223 provides for the payment of disability insurance benefits. ... The Amendments of 1965 eliminated the provisions of the Act which limited the prospective life of disability applications.

How do you win SSI reconsideration?

7 Tips for How to Win a Disability Reconsideration AppealFile a Timely Appeal. ... Submit the Right Paperwork. ... Draft an Effective Appeals Letter. ... Provide Additional Medical Evidence. ... Be Honest and Transparent. ... Get a Written Opinion From Your Doctor. ... Hire a Reliable Attorney.Sep 20, 2021

What happens if your reconsideration is denied?

If you are denied at the reconsideration, you can ask the SSA for a hearing with an administrative law judge (ALJ). This request needs to be in writing within 60 days of your reconsideration notification by filling out the form online, printing and mailing them, or by writing a letter stating your desire for a hearing.

Who makes the final decision on Social Security Disability?

The Administrative Law Judge will evaluate all the evidence on record, including any additional evidence submitted up to 5 business days prior to the hearing, and will issue a decision as to whether you suffer from a disability.

Does Social Security tell you when you are being investigated?

The SSA will not tell you that you are under investigation. Find out more about SSA investigations and Cooperative Disability Investigations (CDI) here.Jul 1, 2021

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.May 2, 2019

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 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.

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.

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, ...

Accuracy

With Affleck & Gordon, we make sure we conduct a thorough intake consultation with our clients to provide as much clarity as possible regarding what the SSA expects from a claimant to have their claim approved. When you begin your SSI claim, you have several options. You can file your claim online if you meet certain categories.

Communication

One of the greatest benefits of having a lawyer for SSI on your side is that we’ll communicate as a team with you and the SSA, and the SSA will also contact your legal team throughout the process at all times. We’ll also communicate with you every step of the way.

We Know the Law

It’s often said that “you don’t know what you don’t know.” At Affleck & Gordon, we know the law and the intricacies that could trip up your claim. We know the right documents needed to support your claim so that you are more likely to receive the appropriate benefits for your disability.

We Fight For You

Simply put, the Social Security Administration may move quicker when they see that you have legal representation. They understand that legal teams take on cases deemed winnable, and that the best SSI lawyers will fight to win on behalf of their clients.

Who Are We?

We’re Affleck & Gordon, and we’re a firm dedicated to assisting disabled and injured people in Georgia. Tens of thousands of our clients receive Supplemental Security Income and Social Security Disability Insurance (SSDI) with our team on their side.

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 my SSDI claim?

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. 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.

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 you get Social Security for fibromyalgia?

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.

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.

Can a lawyer take a client with substance abuse?

Whether There Is Substance Abuse. Most lawyers will not take clients with a current substance abuse problem, unless their medical conditions are extremely severe and quitting the alcohol or drug use very clearly wouldn't make their problems less disabling.

What happens if a claimant has not had access to health insurance?

This usually happens when a claimant has not had access to health insurance or is ineligible for medical assistance. If the claimant has older supportive medical records that indicate a disability, an attorney or firm may decide to take the case and help the claimant get further testing either by requesting a consultative examination by the SSA or by helping the claimant find affordable community healthcare.

Do disability lawyers get paid?

Disability lawyers and law firms only get paid if they win your case, so they may reject cases that are unlikely to end in an award for benefits. Because disability lawyers get paid only if they win, they sometimes decline to represent a person if they believe there is little chance of success of winning or if they determine ...

What is a malingerer?

inconsistent statements from the claimant, or dishonesty. evidence that claimant is a malingerer (faking an illness or pretending the impairment is worse than it is) claimant has done "doctor shopping" (usually done to obtain pain medication)

Can I get SSDI if I am disabled?

Financial or Legal Ineligibility for SSDI or SSI. Unfortunately, not everyone is eligible for SSI or SSDI even though they are clearly disabled. This usually happens when a person doesn't have enough work credits to qualify for SSDI but has too much income or other assets to qualify for SSI.

How do most Disability Lawyers decide which cases to take?

The initial screening for whether or not a disability lawyer will take a disability claimant’s SSI or SSDI case varies by disability attorney.

Does a disability lawyer care if the claimant has filed multiple claims?

Although some inexperienced disability lawyers may hesitate to take a claimant’s SSI or SSDI case if they have filed multiple times and been denied, it could mean that the claimant is really disabled if they are willing to fight for benefits so tenaciously.

Why do some disability attorneys refuse to take a SSI case?

There are some disability lawyers who do not take Supplemental Security Income (SSI) cases. There are several reasons for this but the main reason is that there is no waiting period for SSI benefits, there is no retroactive payments, and the SSI payment is based on the federal benefit rate.

Other factors in the disability lawyers decision making

Another factor the SSI or SSDI lawyer will consider prior to taking a SSI or SSDI case is the claimant’s age. GRID rules were created in 1979. These rules identified how age would be considered in the disability process.

Why did my SSDI stop?

What Can Cause SSDI Benefits to Stop? The most common reason for someone's Social Security Disability (SSDI) benefits to stop is because they have returned to work. While in some cases it's possible to work while continuing to receive SSDI payments, there are specific rules you need to follow.

What is the income limit for Social Security in 2021?

In 2021, the individual income limit for SSI is $794 per month, and the asset limit is $2,000. While SSI recipients should be aware of these limits, determining whether you are over the income limit can be ...

How long does it take for SSDI to stop?

Your SSDI benefits will be suspended after 30 days of incarceration (unless you participate in a rehabilitation program) and will be reinstated the month following your release.

Can I get SSDI if I have not worked?

Someone who has not worked long enough, or recent enough, to have sufficient "work credits" is not eligible for SSDI regardless of their disability. Supplemental Security Income (SSI) is a needs-based (low-income) program. It is not necessary to have paid Social Security taxes, or to have even worked, to be eligible for SSI.

How often does the SSA review a disability claim?

The SSA periodically reviews the case of all beneficiaries (usually every three or seven years) to determine whether they are still disabled.

Can I receive Social Security Disability and Social Security Disability at the same time?

Social Security disability beneficiaries who reach full retirement age (currently 66) will see their disability benefits stop, since one cannot receive both Social Security disability benefits and Social Security retirement benefits at the same time. If you're receiving SSDI when you reach full retirement age, you will instead begin ...

Can a felony affect SSDI?

In addition, sometimes a felony conviction will lead to a cessation of benefits even without incarceration. Being convicted of a misdemeanor will not affect your SSDI benefits unless you're sent to jail for a month or more. For more information, see our article on disability benefits, felony convictions, and jail.

Why is my bank account frozen?

In the chance that your bank account is frozen because of debt collectors or suspicious activity, your bank account should not be wiped clean of funds. Depending on the state where you live, there are limits to what type of income can be taken from your account.

Can you withdraw money from a frozen bank account?

You can still receive deposits into frozen bank accounts, but withdrawals and transfers are not permitted. Banks may freeze bank accounts if they suspect illegal activity such as money laundering, terrorist financing, or writing bad checks. Creditors can seek judgment against you which can lead a bank to freeze your account.

Can student loans be frozen?

Individuals who owe student loans or taxes to the government may also find their bank accounts frozen. The Internal Revenue Service (IRS) can issue a tax levy for any unpaid taxes. It cannot be lifted until the debt is paid in full. 2  3 

What does it mean when a bank freezes your account?

When a bank freezes your account, it means there may be something wrong with your account or that someone has a judgment against you to collect on an unpaid debt. An account freeze essentially means the bank suspends you from conducting certain transactions.

How long does a judgment stay on your credit report?

In most cases, the judgment will stay on your credit file for seven years for unpaid debts. If the bank suspects you've been using the account illegally for whatever reason, it could close your account completely.

Who is Khadija Khartit?

Khadija Khartit is a strategy, investment, and funding expert, and an educator of fintech and strategic finance in top universities. She has been an investor, an entrepreneur and an adviser for 25 + years in the US and MENA. Article Reviewed on April 29, 2021. Learn about our Financial Review Board. Khadija Khartit.

Can the government garnish student loans?

The government can do a few different things for unpaid student loans including seizing your tax refund or garnishing a percentage of your paycheck each month. 4  When your loan is in default, your federal loan lender may likely garnish wages and taxes without pursuing a judgment from the courts.