Getting The Process Started With A Social Security Disability Attorney
Curious about starting the disability process, but not sure where to start? Youve come to the right place. We know how hard it is when youre disabled. The process can be scary. Dealing with Social Security is a nightmare. Thats why we try to make the process as easy as possible so you have one less thing to worry about. We deal with Social Security for you so that you dont have to.
If youre looking for general information, we have a few great resources for you:
First, Social Security disability attorney, Patrick J. Best, hosts the ARM Lawyers YouTube show Social Security Disability with Patrick J. Best, Esq. in which he answers common questions from clients. This is a great starting point for many people because many of the common questions and issues are addressed in these videos.
Next, Attorney Best offers his book, The Essential Social Security Disability Survival Guide, for FREE, just by requesting a copy. As part of the ARM Yourself With Knowledge series, this guide aims to help you navigate the process of filing for disability benefits and what happens afterward.
If you would like to discuss your personal situation or if we didnt answer your specific questions in our show, just and wed be happy to discuss your case. Our consultations are completely free so you have nothing to lose. If youd prefer to e-mail us, just click here for a free consultation.
The Disability Claims Process
The Social Security Disability claims process begins by filing an application with the Social Security Administration. The application requires comprehensive information regarding your medical condition, employment history, and financial situation. After a Social Security disability application has been filed, the claim is submitted to the state agency responsible for reviewing the application. The agency will likely schedule an independent medical exam.
What Does A Disability Lawyer Cost
We work on a contingency basis. This means you pay no fees unless you are awarded benefits. If you are awarded benefits, Social Security will acknowledge that they should have been paying you all along and calculate what they owe you in past-due benefits.
Social Security will withhold 25% of your past-due benefits and pay us directly. Notably, from the day you are approved and going forward, no money goes toward the attorneys fees. This means that you can retain us even if you have no money at the time, and as soon as you are approved, you will receive your full benefit amount.
SSDI and SSI claims often take a long time for the Social Security Administration to approve. If you believe that you will be unable to work for 12 months or more, you should apply immediately. Dont get overwhelmed! Contact us today for a free consultation. We have attorneys in many convenient locations including, but not limited to: Providence, New Bedford, South Kingstown, Warwick, and many more call today to see how our office can help you!
Don’t Miss: How To Apply For Disability In The State Of Georgia
The Best Disability Lawyers Prepare From The Beginning To Win Your Disability Hearing
The Best Disability Lawyers are skilled at winning disability hearings. Most Social Security Disability and SSI Claimants are denied benefits within a few months of filing their original applications. This means that in order to prevail, most Claimants will one day have to win their claims at a hearing before an Administrative Law Judge. Consequently, your goal should be to pursue your case with the intent of winning a hearing with a top Disability Lawyer. You want the best Disability Lawyer to handle your claim who has handled thousands of disability hearings. A disability attorney who has won thousands of SSD/SSI disability cases at hearings increases your chances of winning your disability hearing. Likewise, a top disability lawyer with a reputation for winning the tough cases at hearings will increase your chances of winning even prior to going to a hearing. The Social Security Administration knows who the winners are.
Who May Qualify For Ssdi Criteria For Disability
To assess whether a person who applies for SSDI qualifies for the benefits, the Social Security Administration uses a strict set of criteria. Having a partial disability or a short-term disability will not qualify a person for benefits. According to their website, the SSA considers a person disabled if:
- they cannot do the work they did before
- they cannot, according to SSA, adjust to other work because of their medical condition and
- their disability has lasted or is expected to last for at least one year or to result in death.
SSA further specifies that, in order to be considered disabled, a person cannot engage in substantial gainful activity which is defined as monthly earnings from work that surpass $1,170. In addition, the disability must be severe, that is, it must impede or considerably interfere with basic work-related activities.
SSA maintains a list of medical conditions that are so severe they automatically qualify a person as disabled. If an applicant suffers from one of the conditions that can be found on the list, SSA treats that person as disabled. If an applicant has some other condition thats not mentioned on the list, SSA personnel will have to decide if it is equal in severity to those included on the list.
Recommended Reading: Morgan And Morgan Disability Reviews
What If Your Application Is Denied
The Social Security disability process isnt swift, even with the help of a disability lawyer. For most applicants, there are multiple phases because the SSA process allows only for total disability.
Unlike other government programs, such as Workmans Compensation or Veterans Administration benefits that provide partial disability, SSA benefits are all-or-nothing.
About one in three claimants is approved on the initial application for total disability. This means most individuals will be denied the first time.The next step is called reconsideration and it involves resubmitting the claim with any new medical information for review by a different Disability Examiner. The reconsideration process takes about as long as the initial claim.
Claimants who file at Recon level are usually denied about 14% of these cases are allowed.
The Administrative Law Judge is the next level, where three out of four claims are approved in federal court.
How Are Work Credits Calculated
To qualify for SSDI, you need to have a valid work history. To determine if your employment record is sufficient, social security reviewers will assign credits to different factors of your previous work experience. You need 40 credits to become eligible. Credits are assigned based on your income, your age, and how long you worked. The threshold for each of these factors may change each year. For example, you may earn one credit for each $1,000 you made the last year you worked. If youre within a certain age bracket, theyll expect that you worked a certain number of years to earn credit. So if youre say, under 30, you may be required to work only eight years to earn credits, and will get more credits per year than a person over 40 who may be expected to have worked longer and will also get fewer credits per year of work.
Read Also: Why Is My Cash App Card Disabled
Navigating The Social Security Disability Appeals Process
Often, clients call us after they receive a denial notice from the Social Security Administration. If you receive one of these notices, do not panic. You are not alone. In fact, the agency denies more than half of all initial applications for SSDI and SSI. We may be able to help you get this denial overturned by filing an appeal.
You only have a limited time to fight the denial, so give us a call as soon as possible after you get the notice. We can file your reconsideration and request an appeals hearing if necessary. As your Georgia Social Security disability attorneys, we will:
- Investigate your case to find out the reason behind your denial
- Collect evidence to prove you qualify for benefits
- Represent you to the Social Security Administration
- Fight for the retroactive and back pay due to you based on the facts of your case
- Represent you in your appeals hearing, if necessary
While the reconsideration stage is often unsuccessful, our clients often get approved for Social Security Disability during the next phase: the appeals hearing. We can also pursue additional options if necessary.
Has Your Social Security Disability Claim Been Denied Dont Give Up
Talk with Kim to figure out whether an appeal of your case is appropriate. Kim represents people in SSDI and SSI cases throughout upstate New York.
There is no attorney fee unless we win your case.
We have had the pleasure of working with attorney Kimberly Slimbaugh and her understanding of our situation and needs made our experience less stressful. The attention to detail and correspondence provided to us made us feel that we mattered. Debra
Kim always answered all my questions and I felt comfortable following her suggestions and guidance. I would highly recommend this law firm. My experience was positive and the outcome was excellent. Thank you Kim!-Beth
You May Like: What Is The Difference Between Fmla And Short Term Disability
How To Find The Right Lawyer
You can find Social Security disability lawyers in a variety of ways. The internet has plenty of lawyer referral sites. Legal aid clinics and referral services operated by state bar associations are also sources for the names of people to interview.
Be careful. Just because you find an attorney by searching one of these sources doesnt guarantee theyll be good, ethical lawyers.
A better way to put together a list of lawyers to interview is probably through word of mouth, in person, or through social media, from people who have had good experiences with a Social Security disability lawyer. And you need to ask questions before hiring someone.
Jim Adler & Associates
Jim Adler & Associates is a Texas law firm that was established more than 40 years ago. The firm has offices in Dallas, Houston, San Antonio and Channel view. Jim Adler & Associates was founded in 1973 by Jim The Texas Hammer Adler and now has a team of 14 Social Security Disability Attorneys, Personal Injury Lawyers and Accident attorneys. The firm also has a legal support staff 250 people.
The Social Security Disability team at Jim Adler & Associates helps you with any and every kind of issue related to Social Security Disability, starting with helping you file your claims application to appealing your case in court.
The Social Security Administration sets the fees for Social Security attorneys. Thus, the fees charged to you are either 25% of all back pay awarded to you, or $6,000 whichever is less.
You can call Jim Adler & Associates at 1-866-625-9180 and get a free legal consultation. You can also submit your contact information and a representative of the firm will get in touch with you by phone or email within 24 hours of your submitting the form.
Recommended Reading: Free Exercise Equipment For Disabled
How Are My Ssi Benefits Calculated
The monthly payment a person receives under SSI varies up to the maximum federal benefit rate. The maximum amount may be decreased due to a persons countable income and resources.
- The maximum federal benefits rate was raised to $783 a month for individuals and $1,175 for an individual with a spouse in January 2020.
Tip: All SSI recipients are automatically qualified for Medicaid health benefits which are not included as countable income and resources.
Not Appealing A Denied Claim
Applying for SSDI benefits is a long, drawn-out process that often involves multiple levels of review. Most SSDI applications are denied at the initial level of application, but the approval rate rises significantly for those who appeal their denials. If your initial claim is denied, it does not mean that you cannot receive SSDI benefits only that it may take more effort.
Read Also: How Much Is Long Term Disability Insurance
What To Look For In A Disability Advocate
If you choose to seek help with your disability claim, the first thing to know is that there are two types of advocates that you may hire: an attorney or a non-legal organization. There are benefits to working with both types of advocates. If you choose to hire a lawyer, they will be able to use their knowledge of disability law to handle both the disability application and any appeal, if necessary.
When selecting a Social Security disability lawyer, there are several questions that you should ask, such as who will be handling your disability case and whether the law office will collect medical records and other important information for you. To develop a list of possible attorneys to hire, consider the following factors. You can then set up free consultations to narrow down the list and figure out the best disability advocate for you.
Social Security Disability Lawyer
HAVE YOU BEEN DENIED DISABILITY BENEFITS? GET A SOCIAL SECURITY DISABILITY LAWYER
Are you disabled and unable to work? Applying for Social Security benefits is an extraordinarily difficult process, unfortunately. It is very difficult to navigate this process alone. Retaining an attorney versed in social security claims system to help you navigate this process is very important. In fact, the U.S. Government Accountability Office found that disability claimants who had representatives, such as attorney, were allowed benefits at a rate nearly 3 times higher than those without representatives. So, our advice to you, is do not proceed on your own. Here you will find useful information pertaining to types of disability, how to qualify, and the process of getting your claim approved. If you are ready to speak to a lawyer about your disability matter, call now.
Don’t Miss: Va Disability Rating For Lower Back Pain
Answer A Few Questions To Check Your Eligibility
If you’re starting a new Social Security or SSI disability claim, or you’ve been denied and want an attorney to handle your hearing, you may have some questions about Social Security disability representation.
On this page we’ve compiled a list of the most common questions we get about disability lawyers: how disability lawyers work, how and when they can charge you, and what they do to help you win your claim.
You could be eligible for up to $3,345 per month In SSDI Benefits
-
Even though disability attorneys fees are capped at $6,000, the majority of our readers told us their attorneys received less than that amount.
View More Articles
-
You can always fire your disability attorney, but you should consider the option carefully.
View More Articles
-
A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, arrange for witnesses, and more.
Morgan & Morgan For The People
Founded in 1988 in Orlando, Florida, Morgan & Morgan has a team of more than 350 lawyers, 305 paralegals as well as a support staff of more than 2000 spread across 40 offices in 11 states in the US. The company recovers about $1 billion every year for its clients across the country.
Morgan & Morgan represents clients across the country in a variety of cases, including Social Security Disability cases. The firm has an extremely high success rate in winning their clients cases.
If you wish to know whether you would qualify for a Social Security Disability claim, then you can get in touch with Morgan & Morgan and get a free case evaluation done. You can also call them at 877-906-7509 the help center is open 24/7.
The company doesnt charge you a fee unless they win your case for you. The firms fee is a percentage of the settlement that they win for you.
Recommended Reading: How To Disable Comments In WordPress
Supplementary Security Income Benefits
You might also skip the five-month elimination period by pursuing disability benefits through the SSI program. You could start collecting disability benefits within the first month of the onset date of your disability, provided the SSA approves your application. Another advantage of SSI benefits is that it is easier to meet the eligibility requirements. The downside is that SSI generally pays significantly lower benefits than SSDI.
You May Like: Free Car Repair For Disabled
Am I Eligible To Receive Social Security Disability Benefits In Dallas Texas
If you have worked and paid into the Social Security system for the required period, and if you are now totally disabled and unable to work because of an injury or an illness, you may be eligible for SSD benefits. In order to receive benefits, you will need show the Social Security Administration that you are truly disabled and cannot perform the work you did before or any other type of work, and that you will continue to be disabled for 12 months or more or your condition is expected to result in death.
Read Also: Can You Collect Unemployment While On Disability
The Social Security Disability Appeals Process
If Social Security rejects your SSD or SSI application, you have the right to appeal this decision you may also request a hearing with an administrative law judge. However, your appeal can only be for a medical denial, meaning that Social Security believes your medical condition is not severe enough to warrant missing work. Your appeal must be filed within 60 days of the date of your denial letter. This can be done in person at your local Social Security office, or by U.S. mail. Many claimants choose to hire a representative to assist in this process and to build their case. Learn more about the Social Security Disability Appeals process.
Read Also: High Blood Pressure Va Disability
How Do You Qualify For Ssdi
About 9 million recipients currently meet the definition of disability and receive social security benefits. Since SSDI is an entitlement program, all workers qualify but not all who apply will be approved.
Once an application is filed, the information is sent electronically to a separate office where medical eligibility is determined.
Facts such as medical records, work history, and income are all reviewed by Disability Examiners, and the claim is also reviewed by one or more medical consultants.
Read Also: How Does Disability Lawyer Get Paid