why you need an attorney in an ssdi claim

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.

Full Answer

Do I need a lawyer for Social Security disability benefits?

Some studies show that claimants who have an attorney representing them at SSDI hearings are roughly twice as likely to receive benefits than those who don’t. This is largely due to the fact that an attorney is able to: Gather medical records Obtain a physician’s opinion of your condition Study and assess your medical records

How can a disability lawyer Help you Win Your Case?

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 …

How does a disability lawyer get paid?

Apr 08, 2022 · As an example, early-onset Alzheimer’s is a good example of when a person might need SSDI. The disease keeps you from working and earning an income, but you also need an income. To qualify for SSDI, you must: Have a medical condition that is permanent and not temporary; Be unable to work; Be younger than your full retirement age

What happens when you get in touch with a disability lawyer?

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.

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

Why are most SSDI claims denied?

The most basic fact of the SSA disability process is simply that most cases will be denied, often because there wasn't enough medical evidence to prove the case, forcing claimants to go through the disability appeal process. Disability claimants should never resign themselves to giving up on an SSDI or SSI claim.

Are most SSDI claims denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

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

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 long does it take to get approved for SSDI?

five monthsGenerally, 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 states are hardest to get disability?

Oklahoma 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 do I get SSDI on my first try?

SSD Benefits – 7 Tips for First Time ApplicantsYou can apply for benefits as soon as you become disabled. ... You need medical documentation of your disability. ... You must have worked enough quarters to qualify for benefits. ... There are no income or resource limits. ... Your application will most likely be denied.More items...•May 21, 2021

Why is SSDI so hard to get?

#1: Lack of Hard Medical Evidence 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.Aug 10, 2018

What disqualifies Social Security?

Some government and railroad employees are not eligible for Social Security. American expatriates retiring in certain countries—and some retired immigrants to the U.S.—can't collect Social Security benefits. Divorced spouses married for fewer than 10 years cannot claim benefits based on the earnings of their ex-spouse.

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.

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.

What is the benefit of having an SSI attorney?

Having an SSI 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. If you are denied and need ...

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.

How to apply for SSI 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.

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 ...

Why do people give up on claims?

Often people handling their own claim can be overwhelmed with the system and give up when deadlines, requirements, or incomplete details are missed by accident. If a denial comes through at the initial claim, many people give up, not knowing that denials are very common in the early stages.

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.

Can I go to an SSA office in person?

With an SSI attorney on your side, your legal team will communicate with the SSA on your behalf. There’s no need for you to visit an SSA office in person.

Who can fill out the SSDI application?

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.

What happens if you claim Social Security?

If your claim is successful, Social Security pays your representative directly out of your “back pay” — past-due benefits the SSA can award if it determines after the fact that you were medically qualified to receive benefits while still awaiting a ruling on your case.

How does the SSA work?

The SSA will work directly with your representative and provide access to information from your Social Security file. Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.

Where can I get SSA-1696 form?

Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.

Can you verbally appoint a representative for Social Security?

During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.

Does having a representative help with disability?

But research has shown that having a professional representative can boost your chances of getting Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the two SSA-run programs that pay benefits to people with disabilities.

What happens if you hire a disability lawyer?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to get disability if you have never applied?

1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

Does an advocate get paid if you win a disability case?

7. Doesn’t Get Paid Unless You Win. If you’ve been on the fence about hiring a disability lawyer because of monetary concerns, worry not. In most states, an attorney or advocate cannot collect fees unless you win the case. The attorney’s fee will be deducted from your total benefits once it’s released.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

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, ...

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.

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.

Can an attorney judge you?

Remember that your attorney is not there to judge you, but to help you win your claim. Also, keep in mind that anything you say to your attorney is privileged. This means that your attorney can only share information with others that you want him or her to share.