Non Attorney Representative Social Security Disability


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Who Qualifies For Unemployment Insurance

Legal Experts Forum: Social Security Disability

1. To qualify, you must have earned at least $1,600 during a recent 12-month period and you must have earned at least $440 outside of the base period quarter in which your earnings were the highest. If you do not qualify under the standard base period, IDES may use the most recent four completed quarters as an alternate base period.

If Your Benefit Year Begins: Your Base Period Will Be: Your Alternate Base Period will be:
This Year Between:Jan. 1 and March 31 Last Year Between: Jan. 1 and Sept. 30 and the year before between Oct. 1 and Dec. 31 Last year between:
This Year Between:Oct. 1 and Dec. 31 Last Year Between: July 1 and Dec. 31 and this year between Jan. 1 and June 30 Last year between:Oct. 1 and Dec. 31 and this year between Jan. 1 and Sept. 30

*If you have been awarded temporary total disability benefits under a workers compensation act or other similar acts, or if you only have worked within the last few months, your base period may be determined differently.

2. Your employer must be subject to the State’s unemployment insurance law. Among the types of work not covered are certain agricultural, domestic, railroad and government work, and certain work done for one’s family and on commission.

3. You must either be entirely out of work or be working less than full time because full time work is not available. Your earnings must fall below a certain threshold determined at the time you file your claim.

Key Requirements Of Rule

Representative Must Submit All Evidence Received

  • Must submit all evidence that the representative receives that relates to a disability claim
  • Must submit favorable and unfavorable evidence even if not material
  • May not withhold evidence based on impairment or date of evidence

Representative Must Inform Agency About All Evidence

  • Must submit all evidence received and inform the Agency of all evidence the representative does not receive
  • You must inform us about or submit all evidence known to you that relates to whether or not you are blind or disabled.

There Are Two Privileged Communications Exceptions

  • Confidential communications between a claimant and an attorney or a non-attorney representative are protected unless the privilege is waived
  • Privilege does not cover any fact, e.g., work activity or medical treatment, relating to the disability claim
  • Oral communication with a medical source is privileged
  • Representative may still protect from disclosure their consultation with any medical source about the claimants medical condition. If a representative takes notes during a discussion with a claimant medical source, those notes are protected from disclosure as work product.
  • Work product may be withheld, e.g., analysis, theories, and notes
  • A representative will have an opportunity to comment on any unfavorable medical opinion submitted
  • A representative may obtain another opinion from a medical source
  • Rule requires advocacy based on a complete factual record
  • Can I Talk To Social Security On Behalf Of Someone Else

    You can choose an attorney or other qualified individual to represent you. You can also have more than one representative. However, you can’t have someone who, by law, can’t act as a representative. Your representative can’t be someone we previously suspended or disqualified from representing others.

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    What Is A Non

    A non-attorney representative is a professional who represents people who are applying for disability benefits, such as the advocates here at The Advocator Group will only collect a fee if your claim is awarded. Theyre paid out of the back pay you receive once the disability claim is approved.

    Why Is Representation In Federal Court So Important

    What to Bring to a Disability Hearing

    If your claim is denied during the administrative appeal, your last resort is appealing to the federal courts. Non-attorney Social Security advocates or representatives cannot appeal denied SSDI claims to federal court. Their ability ends with answering questions concerning Administration policies and procedures.

    Only an attorney can provide advice on the law. Moreover, many general practice attorneys who do not specialize in Social Security Disability law are unwilling to appeal claims in federal court because it requires particular expertise, time and resources.

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    Representation Of Claimants Before Commissioner

    Recognition of representatives fees for representation before Commissioner

    In the case of a claim of entitlement to past-due benefits under this subchapter, if-

    an agreement between the claimant and another person regarding any fee to be recovered by such person to compensate such person for services with respect to the claim is presented in writing to the Commissioner of Social Security prior to the time of the Commissioner’s determination regarding the claim,

    the fee specified in the agreement does not exceed the lesser of-

    25 percent of the total amount of such past-due benefits of this title), or

    $4,000, and

    the determination is favorable to the claimant,

    then the Commissioner of Social Security shall approve that agreement at the time of the favorable determination, and ) the fee specified in the agreement shall be the maximum fee. The Commissioner of Social Security may from time to time increase the dollar amount under clause to the extent that the rate of increase in such amount, as determined over the period since January 1, 1991, does not at any time exceed the rate of increase in primary insurance amounts under section 415 of this title since such date. The Commissioner of Social Security shall publish any such increased amount in the Federal Register.

    For purposes of this subsection, the term “past-due benefits” excludes any benefits with respect to which payment has been continued pursuant to subsection or of section 423 of this title.

    In any case involving-

    Should I Hire An Attorney To File For Social Security Disability

    Many people file an application for Social Security Disability benefits on their own, and only contact an attorney after being denied. As an attorney that handles Social Security Disability claims, I encourage people to hire a lawyer at the beginning of the process, rather than after being denied once or twice.

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    What You Need To Apply For Benefits

    The process of applying begins online, by working with a disability lawyer, or by visiting a local office. .

    Before taking any action, applicants should make a complete list of all medical facilities where they have received medical treatment.

    It isnt necessary to have exact addresses, but the names of hospitals, doctors, treatment facilities, rehabilitation facilities, workmans compensation, and even prison or jail are important.

    If this process is too difficult, a law firm or representative can help. In addition, the applicant should be prepared to fill out a form either alone, or with help that describes work history for the last fifteen years.

    Having this information on hand makes applying less stressful.

    Five Step Sequential Evaluation

    Ask the Legal Experts: Social Security Disability

    At every step of the below Disability Process, SSA uses the Five Step Sequential Evaluation to determine if you are disabled.

  • Step 1 Are You Working? The Social Security Administration defines work as Substantial Gainful Activity . SGA is roughly defined as work from earnings that average more than $1,470 a month. If you are making that amount you generally will not qualify for disability.
  • Step 2 Is Your Condition Severe? Severity is key when it comes to what qualifies as a disability. Severe is defined by the Social Security Administration as: your condition must interfere with basic work-related activities for your claim to be considered.
  • Step 3 Is Your Condition on the List of Disabling Conditions? The Listings are very hard to meet in most cases and not always interpreted as a common reading would suggest. If you meet a listing you are gravely ill. The listings are found here.
  • Step 4 Can You Do the Work You Did Previously? The Social Security Administration will look at your past work and determine if it was sedentary, light, medium, or heavy. They also will evaluate the skill level: unskilled, semi-skilled and skilled. For instance, an attorney would be sedentary skilled work. The Dictionary of Occupational Titles is found here.
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    Ssas All Evidence Rule: What Does This Mean For The Soar Practitioner

    An SSA ruling clarifies existing regulations which require that claimants and/or their authorized attorney or non-attorney representatives inform SSA about, or submit all evidence known to them that relates to their disability claim. This article will discuss the purpose of the ruling, outline key requirements, and present a few scenarios which a SOAR practitioner may encounter.

    Do You Need A Social Security Attorney

    While you dont technically need an attorney to represent you during the application process, hiring one can improve your chances of a successful claim. Statistics have shown that the SocialSecurity Administration is more likely to approve someone who is represented by an attorney. Fill out your information to receive a free case …

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    How Do You Apply For Disability Benefits

    Before applying, its wise to decide if you want help. The best way to get help is through an experienced disability lawyer working at an established law firm.

    These professionals have years of experience with claims, understand how this complex system operates, and offer a free evaluation.

    They know the listings and can give applicants a realistic sense of how long the application process may take. Non-attorney representatives are also available to assist with the application.

    If you decide to apply on your own, the SSA eligibility screening uses a website with an electronic portal, and you can begin the application process on the SSA website.

    For those who lack computer access, the local Social Security office is the place to go. The office that processes these claims is the same place where social security retirement benefits are processed, and all offices have a phone number to call to schedule an appointment.

    A Guide To Social Security Disability

    Contact us

    Social Security Disability is an entitlement program that allows disabled individuals to receive paid benefits from the Federal government, specifically the Social Security Administration .

    All Americans with a work history are entitled to Social Security Disability Insurance benefits because they have paid into the system.

    A percentage is taken out through FICA and put into the Social Security system for workers protection, and that of their family members, should a disability occur.

    Social Security taxes provide benefits, but those who have never worked can apply for the welfare program, Supplemental Security Income . Some individuals qualify for both programs.

    The disability benefits process, whether qualifying through SSI or SSDI, is the same.

    As an applicant, it isnt necessary to know whether you qualify for SSDI or SSI at the time of filing.

    Whether you choose to apply on your own or with a disability lawyer, your local SSA office will determine which program or programs apply to you.

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    Social Security Disability Advocates

    You may be one of thousands of people who were denied Social Security Disability Insurance benefits. Now you need help to win your claim. In your search for qualified help, you have probably run across all kinds of websites or TV commercials advertising Social Security advocates experts or representatives.

    Can I Get Disability If I Have Been Diagnosed With : : : : : :

    What qualifies as a disability varies based on severity. Severity is key, not the name of your disease. I have had clients with asthma so severe that they could barely breathe with the help of 24-hr oxygen use. I have also had clients with cancer whose medical records described them as capable of running a marathon. You can visit our page, Disability and Diseases, to search for your medical condition and how SSA will evaluate it.

    Substance Abuse can stop you from receiving disability benefits if it is found to be a material factor to your disability.

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    What Every Worker Should Know About Unemployment Insurance

    The Illinois Department of Employment Security administers the unemployment insurance program for the State of Illinois. You are entitled to unemployment insurance benefits while you are unemployed if you meet the legal requirements. Benefits are financed by employer payroll taxes not by any deductions from your wages.

    Determining If You Have A Qualifying Disability

    Do Social Security Disability Benefits Switch to Retirement Benefits When You Turn 65?

    The Social Security Administration asks five questions to determine if someone qualifies for disability benefits. These questions are:

  • Are you working?
  • Is your condition found in the Social Security Administrations list of disabling conditions?
  • Can you do the work you did previously?
  • Can you do any other type of work?
  • It is possible to be working and still receive Social Security Disability benefits. The work you are doing, however, cannot be considered substantial gainful activity. The Social Security Administration sets certain guidelines that indicate whether the work is considered substantial gainful activity. The Social Security Administration has strict standards of what defines substantial gainful activity. If your average earnings are more than $1,350.00 per month, you generally will not qualify as having a disability for the purposes of Social Security disability benefits.

    Even if your earnings fall below this threshold, the Social Security Administration may find that you are engaging in substantial gainful activity. If, for example, you are able to perform roughly the same level of work as a non-disabled person in a similar business. In some cases, even volunteer work may be considered substantial gainful activity if it requires significant hours and skill.

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    D Report Of Workers Affected By A Labor Dispute

    An employer that wishes to contest a workers eligibility for benefits on the grounds that his unemployment is due to a stoppage of work because of a labor dispute must, within five days after the workers unemployment begins, mail to:

    Illinois Dept. of Employment Security Labor Dispute & Determination Section 33 South State St. Chicago, Illinois 60603

    A Report of Workers Affected by Labor Dispute or a letter setting forth the names and social security numbers of the workers involved and the establishment affected by the labor dispute.

    Upon receipt of the employers list, a Labor Dispute Questionnaire is sent to the employer and to either the union or to the designated representative of the employees involved in the labor dispute.

    This questionnaire must be returned within 10 days or the adjudicator will issue his determination based on the information that is included in the record at that time. Form ADJ027FE pertains only to possible ineligibility resulting from a labor dispute and does not operate as a Notice of Possible Ineligibility with respect to any other issue. If any other issue exists, Form ADJ030F should be used. )

    Attorney Professional And Ethical Obligations

    Attorneys are also held to a higher ethical and professional standard. Attorneys are officers of the court, which obligates them to extensive ethical rules . Attorneys also extend to their clients attorney-client privilege and other protections regarding the communications and work generated from their service.

    These obligations make attorneys accountable to their clients. Attorneys are required to represent their clients competently. Failure to do so could result in discipline by the courts or the state bar. Furthermore, attorneys are required to maintain malpractice insurance policies that provide their clients with an avenue to recover damages if the attorney mishandles their case.

    Non-attorneys are not bound by any of these obligations. Therefore, if a non-attorney mishandles a case, there are fewer opportunities for clients to recover for their losses.

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    Ethical And Professional Standards

    When you choose an experienced SSDI attorney to represent you, that attorney is held to a series of standards. If they do not abide by these professional standards, they risk discipline from the court or even removal from the state bar association.

    For example, attorney-client privilege protects the communication that you have with your attorney, and prohibits your attorney from repeating any information that you shared in confidence. If you were to choose a non-attorney representative for Social Security Disability, you would lose those protections. The repercussions for any unethical behavior from a non-attorney representative are minor in comparison to those of an attorney.

    The Pros Of An Ssdi Legal Advocate

    Amanda Bruen

    There are many benefits from working with an SSDI attorney which include the following:

    • SSDI attorneys work on contingency The major reason many people dont hire SSDI attorneys is that they think that they are too expensive. However, they work on a contingency basis. This means you dont pay unless you see approval for your application and you receive back payments.
    • Reduced errors There is a huge number of initial application rejections. This is often due to incomplete medical records, gaps in treatment history, or inconsistent reports. An SSDI legal attorney knows the requirements for approval and for making a successful appeal that is free of errors.
    • SSDI attorneys have access to experts SSDI attorneys can help you prove your disability via their connections with medical or vocational experts.

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    Conduct And Track Your Work Search

    Conduct and track your work search online at, the State of Illinois online job board. If you conduct your search for work while signed in to, your work search record will be automatically logged. You may also track work search conducted outside of on a Work Search Record form. Forms are available online.

    When Should I Apply For Social Security Disability

    You should apply for disability benefits as soon as possible. Unfortunately, I have had clients wait years after they stop working to apply for benefits. I tell my clients to apply for benefits as soon as they can because you do not know what the future will bring. If you are able to return to work, you can always withdraw your claim for benefits with the Social Security Administration, whereas if you never apply and are unable to return to work you may have just lost benefits you could have otherwise received.

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