why would my attorney say my medical approval was a mistake ssa?

What happens to my lawyer after I get approved for disability?

Why? Because, statistically speaking, pursuing the claim through the appeals process will stand a fairly high chance of eventually being approved. Filing the first appeal will get the case processed as a request for reconsideration. Reconsiderations are almost always denied…however, after a claim is denied at the reconsideration level, a claimant will be allowed to file a request for a ...

What happens if I don't meet the SSA's disability requirements?

Reason #6: “Social Security Stopped My Benefits Due To Unpaid Child Support”. Much like student loans and income taxes, parents who owe child support may have their benefit payments garnished. Family law is incredibly complex, so if you’re not current on child support payments, talk to a lawyer about your options.

What is the disability approval rating for Social Security?

When Your Benefits Start. Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

What happens if the Social Security Administration sends you a letter?

Feb 09, 2022 · Your attorney or nonattorney advocate (or a staff member) will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time. When you first hire your Social Security disability attorney or advocate, you'll need to sign a medical privacy release that allows access to ...

What if SSA makes a mistake?

If you get a benefit payment you believe was too little, call SSA at 800-772-1213 or visit a Social Security office. SSA will investigate the matter and compensate you for any underpayment in a lump sum or through increased monthly payments.

What does it mean when Social Security says a medical decision has been made and we are working to process your benefit application?

What Does This Mean? Essentially, this status message means that the SSA has made a medical decision about whether or not you are disabled, but they're not going to tell you what that decision is yet.Dec 31, 2020

What are red flags on SSA 455?

Red flags might be: entering earnings above $1,350 per month (the SGA amount in 2022) checking the box "my doctor told me I can work" checking the box saying your health is "better" than it was at your last review or approval, or.

Is there a class action lawsuit against Social Security Administration?

A federal court has authorized a class action lawsuit against the Social Security Administration (SSA) on behalf of people with visual impairments who require communications from SSA to be in an accessible format in order to participate in the Social Security or SSI programs.

What does it mean when it say a medical decision has been made?

It means you were approved. The non-medical is just an SSI financial review. For hearings, there is one extra step. After the judge, makes a decision, the judge will send the decision to some people called decision writers.Aug 1, 2019

What does it mean a medical decision has been made and we are working to process your decision?

Usually, when they send a letter stating they have made a medical decision, it means they have concluded you are medically disabled and are now looking into the financial aspect to see if you...May 9, 2018

How often does Social Security disability review your case?

If 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.

Should I be worried about a disability Update Report?

Don't panic when you receive the Disability Update Report—it is only a screening form. Answer the questions honestly because SSA can check your bank accounts and IRS records to see if you have started working again.Jan 14, 2021

How often are disability reviews denied?

The rate of denial of benefits during the initial review process is quite high—some estimates put it at about 70 percent. Some of the reasons that applications for Social Security disability benefits and/or Supplemental Security Income are denied include: Improperly completed claim forms.Aug 1, 2019

What is a Social Security settlement?

The money is intended to replace a portion of your wages or salary. When you are paid worker's compensation benefits, you are also receiving funds intended to replace your lost earnings. Receiving a lump sum worker's compensation settlement must be reported to the Social Security Administration.Oct 28, 2021

Does lawsuit settlement affect Social Security benefits?

Social Security and SSDI government-benefit programs are entitlements, therefore they are not means tested; asset and income limits do not apply; settlement proceeds will not impact eligibility.

Who can I complain to about my local Social Security office?

1-800-772-1213Call us toll- free at 1-800-772-1213 or at our TTY number, 1-800-325-0778, if you're deaf or hard of hearing. If you need to speak to a person, we can answer your calls from 7 a.m. to 7 p.m., Monday through Friday.

What Happens When I First Call A Disability Attorney?

When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...

How Will My Attorney Develop My Medical Evidence?

Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...

How Will My Attorney Help Me Get Ready For My Hearing?

It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...

Will My Attorney Arrange Witnesses For Me?

The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...

How Will My Attorney Argue My Case?

Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...

Why does the SSA stop my disability payments?

Working too many hours or earning too much money can make the SSA automatically stop your payments. However, the SSA often gives you a nine-month trial work period to test out working with your disability. They do this to see if you can manage most work tasks while you’re still recovering.

How often does the SSA review disability claims?

This is called a continuing disability review (CDR), and it typically happens every 3-7 years.

How long do you have to appeal a disability termination?

But to avoid missing a single payment, you have to move fast. Appeal within 10 days after receiving the SSA’s termination letter, and you’ll keep getting monthly benefit payments. Request that your payments continue while the SSA reviews your appeal for their decision.

Why did Social Security stop paying my taxes?

Reason #5: “Social Security Stopped My Benefits Because I Owe Back Taxes”. If you owe the IRS back taxes, they can also garnish your Social Security checks up to 15% each month. (Typically, though, they’ll send you multiple mailed notices before they do this.) However, the IRS may also work with you directly to create a payment plan ...

How long does it take for Social Security to be suspended?

The SSA automatically suspends Social Security benefits for anyone that goes to jail or prison for over 30 days. If you’re getting SSI and stay in jail or prison for more than 12 months, you’ll need to re-apply when you’re released.

What are the requirements to stay eligible for Social Security?

These eligibility requirements may include medical exams, disability update reports and other SSA requests for information. If the SSA mails you a letter and it’s automatically returned, they can stop your benefits without notice.

When do you stop receiving disability benefits?

There’s not an exact science to CDRs, but SSI beneficiaries stop having them once they’re 65 years old . If your disability benefits stopped suddenly, the SSA likely thinks you’re well enough to work again. If you feel you still cannot work, you may need a Social Security attorney .

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

What is Medicare Part D?

Medicare Part D (Medicare prescription drug coverage) helps pay for medications doctors prescribe for treatment. For more information on the enrollment periods for Part D, we recommend you read Medicare's How to get prescription drug coverage page.

What is Medicare Advantage Plan?

Medicare Advantage Plan (previously known as Part C) – people with Medicare Parts A and Part B can choose to receive all of their health care services through plans that are offered by private companies and approved by Medicare.

What is Medicare coverage?

Medicare Coverage If You're Disabled 1 Medicare Part A (Hospital Insurance) helps pay for inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care. The taxes you paid while you were working financed this coverage. It’s provided at no cost to you. 2 Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it.

How long do you have to wait to receive your first SSDI payment?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

When will I get my first SSDI?

Your first benefit would be paid for the month of December 2020, the sixth full month of disability. However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) and you are approved for SSDI benefits on or after July 23, 2020.

When will SSDI pay in 2020?

We would pay your first benefit for the month of December 2020, the first full month of disability. We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

What is grid in SSA?

The grid is a system developed by the SSA to decide if a person is able to work based on the highest exertion level of the job he or she can perform (sedentary work, light work, or medium work), along with the applicant's age and education level.

How to prove you are not capable of sedentary work?

To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs.

What can an attorney do to prove a disability?

There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.

What is an initial interview with an attorney?

When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...

Can a disability attorney meet with you?

Most disability attorneys speak with their clients by phone, but you can ask your attorney to meet you in person if you wish. Before your pre-hearing meeting or phone conference, your attorney will have reviewed your file and determined what issues still need to be addressed.

Can you testify about your disability?

The SSA allows you to bring a witness to testify about your disability , but because witnesses can be harmful or helpful, your attorney will decide if witness testimony is necessary to win your case. Your lawyer may be interested in asking your caregivers or former employers to write letters in support of your disability.

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.

What are some common errors made by Social Security?

Some of the most common errors made by Social Security include failing to afford proper weight to your treating doctor's opinion, assigning you an incorrect Residual Functional Capacity (RFC), or asking incomplete questions of the Vocational Expert (VE).

What to do if you receive an unfavorable disability decision?

If you've received an unfavorable or partially favorable decision after your disability hearing, you should examine the Administrative Law Judge's decision for factual or legal errors. If you find a significant mistake that could change the outcome of your case, you should appeal your case to the next step, the Appeals Council.

What does an ALJ need to be specific?

The ALJ needs to be more specific; for example, "The claimant repeatedly made inconsistent statements about his use of alcohol.". The Appeals Council generally gives wide latitude to ALJs in determining whether an applicant is credible, but only when ALJs provide reasoned explanations of their findings.

What is an ALJ's determination?

The ALJ is required to make a determination ("finding") of your credibility and to use specific reasons in explaining that finding in his or her decision. For instance, if an ALJ finds that an applicant's testimony is not believable, a conclusory statement such as "the claimant's allegations are not credible" or "the claimant's allegations are unsupported by objective medical evidence" is insufficient. The ALJ needs to be more specific; for example, "The claimant repeatedly made inconsistent statements about his use of alcohol." The Appeals Council generally gives wide latitude to ALJs in determining whether an applicant is credible, but only when ALJs provide reasoned explanations of their findings.

What does an ALJ do for Social Security?

Social Security regulations require the ALJ to consider the type, dosage, effectiveness, and side effects of all of a claimant's medications. If, for example, you take pain medication that causes you nausea and fatigue, the ALJ should discuss these side effects and how they would affect your ability to work. The limitations caused by these side effects should be a part of your RFC and should at least be mentioned in the judge's decision.

Do ALJ decisions always contain errors?

Sorting Through Errors. Remember that ALJ decisions almost always contain some error of fact or law that can be argued to the Appeals Council. Social Security regulations and the reviewing federal courts require a great deal of specificity and accuracy in ALJ decisions, and it's a good bet that if an error can be made, ...

Is Social Security an adversarial case?

Unlike a regular court case, where each side is responsible for finding their own evidence and presenting it, the U.S. Supreme Court has held that Social Security proceedings are not "adversarial," but "inquisitorial," meaning that the ALJ has a duty to investigate the facts and develop the evidence supporting and opposing your case.

How much can you earn on disability in 2020?

For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

Can you get disability if you work irregular hours?

If your monthly earnings exceed SGA, but you were provided special accommodations, worked irregular hours, or required frequent breaks to work, the SSA may still rule that you are eligible for disability benefits. Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes ...

Can an attorney approve a disability application?

Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.

How long do you have to wait to get Medicare if you get SSDI?

If you get SSDI, you will have a waiting period of 24 months to qualify for Medicare. The 24 months start the day you first qualify for SSDI. So, if your backpay starts two years ago, your Medicare starts right now! If your backpay starts one year ago, your Medicare starts in one year from now.

How long does it take to get back my Social Security check?

When you get your back pay check, Social Security will not count that money for nine months. Since you will receive three checks, each six months apart, this will give you some extra time to spend the money. Make sure you spend it and get down below the limit in time… or they may want some money back!

How much does a lawyer charge for Social Security?

Your lawyer’s fees will be explained in the contract you signed with your lawyer. According to Social Security regulations, they are typically up to $6,000 or 25% of your backpay. If your case had multiple appeals (denied at a hearing and continued appealing), these rules no longer apply, and fees will likely be higher.

What is the adult child benefit?

This is called “ Adult Child Benefits ” In some cases, it is a higher check or better health insurance for the child. More things that can raise or lower your SSDI Check: Good News and Bad News About Your SSDI Check. If you have little or no income, sometimes they give you an “immediate SSI” payment.

How long does it take to get a back pay check?

You can expect your back pay and first monthly check to start 30-90 days after the award letter. It is usually quicker for initial applications and reconsiderations, and slower for appeals. If it takes longer than 90 days you can Contact Your Congressperson for help.

What does it mean when you are not happy with your established date?

But, what the hell, you are still approved, so life is good. If you are not happy with you Established Onset Date, you have a right to appeal it.

How do I receive money from SSI?

PAYMENT OPTIONS. You can receive your money by direct deposit into your bank account or on a Direct Express card. If you are on SSI, it is very important to keep your money separate from everyone else’s. Never share a bank account with another person, except a live-in spouse.

Lloyd A. Pont

In my opinion this is a very positive sign since a judge cannot make a medical decision denying your case without giving you the opportunity for a hearing.

Roxana Katherine Orrell

Mr. Pont is correct. While it may feel a bit confusing because you didn't file a request for an OTR or other pre-hearing decision, you should be aware that a senior attorney or the ALJ can be looking over your file and asking themselves why they're bothering with a hearing when the claim should be granted.