Attorneys for social security disability

Q: If I hire a social security attorney, is there a way to know how much I might have to pay him or her?

A: Your lawyer would only be paid if you are awarded disability benefits. If your claim is not awarded benefits, your lawyer will not be paid. That means that your social security attorney will do all he can to assure you win your case. Your lawyer will be awarded no more than one quarter of your back pay. There are limits to how much that dollar amount can be. A lawyer can receive no more than about $6000. Social Security usually pays your legal representative directly and subtracts it from your back pay sum. You may have to pay your lawyer for out of pocket expenses that may have been incurred, in addition to the amounts limited by Social Security.

Q: If you are filing a disability claim, is it necessary to have legal representation?

A: It is possible to be awarded benefits without the help of a social security attorney. Most claimants can handle the first step in the process themselves. Unfortunately, a fair number of applications for disability benefits are denied after they go through the initial review process. If you plan to appeal after being initially denied, the expertise of a social security attorney would be extremely helpful. You will need to file for reconsideration within 60 days of when you were notified of denial. Most claims are still not awarded benefits after reconsideration. Submitting an appeal for a hearing is the last chance for a claim to be awarded benefits. The knowledge and experience a social security attorney can bring to your claim while undergoing this last step is extremely beneficial. Most claims that are awarded benefits after being heard by a judge have legal representation. Having a lawyer on your side also guarantees that no deadlines will be missed and that your file is complete and correct.

Q: Is it possible to keep track of where your file is after you apply for disability benefits?

A: Making sure you know how your claim is progressing is very smart. If you have a social security attorney, he or she will do this for you. But if you do not have a lawyer, do it yourself. Simply contact the disability examiner for your case and ask for an update. You have the benefit of seeing that your case is going through the review cycle like it should, and you have a chance to chat with the disability examiner regarding any issues that might be delaying your claim (such as missing medical records or lack of required forms).

Q: What is the process your SSDI benefits claim will go through when you file for benefits?

A: The first step in the social security disability process is the initial review. You will have an initial interview either at a social security office or by telephone, if it has not happened yet. The purpose of the interview is to assure that you have submitted all the requisite forms and that your file contains all the necessary details for the initial review. The disability determination services agency for your state will then receive your claim and a case manager will be assigned to it. The disability examiner for your case will obtain your medical records, review your case and meet with a consultative physician to make a determination regarding your case. You will then be notified as to whether or not you will be awarded social security disability. Most claims are not approved when initially reviewed. You can then request a reconsideration for your claim. A disability examiner and consultative physician that only deal with reconsidered files will evaluate your case. Many claimants seek the counsel of a social security attorney at this point in the process. That is because most cases are again denied after being reconsidered. And the next step would be to appeal to have your claim heard before an administrative judge. The hearing is your last chance to have your case considered. That is why most claimants have an advocate like a social security attorney at this point. Although a social security attorney is not required for any step in the process, it is extremely beneficial to have the expertise of an attorney during a hearing. Most cases that are awarded benefits after the hearing process are represented by an attorney.

Q: Will your social security attorney handle everything to apply for disability benefits?

A: A social security attorney typically handles all the paperwork after you have applied for benefits. You need to complete and submit the paperwork for your initial claim. You will also be required to personally complete information about employment history and your ability to do your usual tasks. Your attorney will assist you and make sure you complete those forms. Your social security attorney will also follow up with Social Security to make sure everything has been submitted correctly and on time.

Q: Can you submit an application for social security disability online?

A: Social Security does accept applications via their secure web page. You can download and complete the initial application, as well as the questionnaire regarding your condition and work history. A basic guide is also available on the site, to help you complete everything. To start the process, go to http://www.socialsecurity.gov/applyfordisability.

Q: Are there things an applicant can do to improve his chances for receiving social security disability benefits?

A: Although most disability cases are denied after the initial review process, you can make sure you have done everything in your power to give your case the best foundation. To start, be certain that your physician supports your case. It is imperative that your doctor provides a thorough and supportive statement regarding your condition and your inability to work. The second thing sounds obvious, but it will affect how long it takes for your case to be reviewed and whether it is approved or not. Be certain that you submit all required forms within the mandatory timelines and that everything is correct. Once you are confident your application will not be held up because of missing paperwork or errors, submit copies of your most recent medical records. Non receipt or incomplete medical information is the main cause of application delays. The fourth thing you can do to help your case is to always cooperate with the case manager and other representatives handling your claim. Number five on the list is to always know where your case is in the review process. You can do this by contacting your disability examiner directly or through your social security lawyer (if you have one). Similarly, if you do have a social security lawyer, periodically check in with him or her to make sure you have provided all the necessary information, etc.

Q: Do you need a social security lawyer to win a disability claim?

A: You do not need to have representation from a social security lawyer to submit an application for disability. It may be wise, though, to hire an attorney if your initial application for benefits was not approved. You will need to submit paperwork to have your claim reconsidered. To have a claim reconsidered, it does not need to be represented by a social security lawyer. The majority of claims, however, are still not approved after being reconsidered. And the next step after reconsideration is an appeal to have the case heard before an administrative judge. It is not mandatory that you have a lawyer to go through the hearing phase. The majority of claims that are approved after being heard before a judge have been represented by a lawyer. The hearing phase is the last chance for your claim to be approved. The expertise of a social security lawyer will be invaluable to helping your case through the process appropriately and justly.

Q: How do you apply for social security disability benefits?

A: There are several ways to apply for social security disability benefits. Contact your nearest Social Security office by phone and make a request to submit an application. If you would rather take care of this by visiting an actual office, you can do that too. The third option is to apply online via the Social Security Administration website. A representative will call you to establish an interview date, and you can choose to do that interview in person or by telephone.

Q: If your application for disability is denied, what is the next step? And do you need a social security lawyer?

A: Having your case reconsidered is your next option if you were not approved for disability after the initial review process. It may be wise to seek the counsel of a social security lawyer if you plan to have your claim reconsidered, since many claims must go on to the hearing process. It is very important that you provide all the requisite forms no later than 60 days after the date of your application denial. If you fail to meet that deadline, you will have to submit a new claim and undergo the initial review process once more. Most claims are denied during the initial review process. Many cases are actually not approved until they have been through a hearing. You cannot, however, request a hearing until your claim has been through the reconsideration process. For that reason, make sure that you do not ignore the 60 day time limit to submit the paperwork for your case to be reconsidered. As previously mentioned, a social security lawyer can be a tremendous help, as your claim navigates both the reconsideration and hearing processes.

Q: How long will it take until a hearing is scheduled for a social security disability case?

A: Once your claim for social security disability benefits goes to the Office of Hearings and Appeals, it may take quite some time until a hearing is scheduled. It can take a year or two until a hearing is scheduled. The scheduling delay is often dependent upon the backlog in your particular state. It is important, therefore, to not add any more time to the wait by submitting your request for a hearing as quickly as possible. Having an advocate like a social security lawyer on your side during the hearing process can be extremely beneficial. A social security lawyer will assure that your case has been properly prepared and will be presented comprehensively during the hearing.

Q: Should you be concerned if you have not heard anything after a hearing request has been made on a social security disability claim?

A: A claimant does not often receive much communication while he is waiting for a hearing to be scheduled. Typically, a claimant will be sent a letter confirming the request for a hearing, another to provide the information about a scheduled hearing and one notifying the claimant of approval or denial once the case has been heard. A list detailing all the information in your case may also be provided somewhere in the hearing process. If you have concerns about the status of your claim, contact a social security lawyer.

Q: Are there any restrictions about attending classes after I have applied for social security disability benefits?

A: You can attend classes while your social security disability insurance claim is being processed. It is best not to broadcast your academic endeavors, though, if your application was submitted due to a mental claim. Everyone knows that the stressors of going to work everyday can be quite different than those of the flexible academic environment, but the case representative reviewing your claim may assume your injury does not qualify as a disability. A disability examiner may assume that if your injury does not prevent you from attending classes, then you can surely be part of the workforce. That is why it is often recommended that you be careful when mentioning your student status if your social security disability claim is pending.

Q: If you are awarded social security disability benefits, when are you eligible for Medicare?

A: Once you have reached two years past your date of entitlement for social security disability, you can qualify for Medicare. That entitlement date is the date of onset of your condition (determined by social security when your claim was approved) with the 5 month waiting period added on. You begin receiving social security disability benefits roughly on your entitlement date. Medicare benefits can be awarded two years after that. If you were awarded social security disability insurance benefits, you will receive Medicare. You will be eligible for Medicaid if you were awarded Supplemental Security Income (SSI) benefits. For individuals who collect SSDI and SSI benefits concurrently, they should get in touch with their local social security office to know which medical benefits they will receive.

Q: How are social security disability benefits calculated?

A: Your payments are determined by how old you are, your earnings, your years of employment and the amount of social security contributions you have made through payroll taxes. Depending upon those factors, you can collect up to about $2200 in social security disability payments monthly. A family can receive as much as $3800 in monthly payments.

Q: Is it necessary to be represented by a social security attorney when you apply for disability benefits?

A: It is not required that you have representation when applying for disability with social security. Most applicants can submit their application for initial review without any difficulty. Those individuals who may have difficulty meeting deadlines, gathering appropriate information or are confused about the forms should consider hiring a social security attorney. A fair number of claims are not approved after they go through the first review. By making sure you submit all the required information and forms within deadlines and correctly, your case has the best chance of being reviewed fairly. Again, many applicants that do not have a lawyer submit everything on time and without difficulty for the initial review process. Most experts recommend hiring a social security attorney if your initial claim is not approved and you plan to have it reconsidered. If you plan to go through the hearing process after your claim has been reconsidered and was not approved, it is wise to have a lawyer. The majority of claimants who have appealed to have their claim heard before a judge have a lawyer on their side. Going through a hearing will be the final step in determining if you will be approved for disability benefits. A social security attorney has the experience and knowledge to assure that your claim will be fairly and appropriately adjudicated during the hearing process. The majority of claimants who are awarded disability benefits during a hearing process have been represented by a lawyer.

Q: If you are denied disability benefits after the initial review, should you apply again?

A: Assuming you submitted your application correctly, it is not advisable to start back at step one again. The majority of applications for social security disability are denied after the initial review process. Having your claim reconsidered is the appropriate and most beneficial next step. You must apply for reconsideration within 2 months of notification of denial. If you miss that deadline, you will then have to apply again and go through the initial review process. Most likely, since your claim was not approved after the initial review the first time, it will not be approved the second time. Once again, you will need to have your claim reconsidered and submit that appeal within the deadline. If your claim is not approved after reconsideration, you will need to appeal to have it heard before an administrative judge. By submitting another initial claim, you would have added significant time to your disability claim process. If you have any questions or concerns about meeting deadlines or recommended next steps after your claim was denied, you may wish to contact a social security attorney.

Q: Are you allowed to apply for disability insurance via the web?

A: Submitting your application for disability insurance can be done via the web. Visit the following Social Security link and follow the steps to submit your application with social security: www.socialsecurity.gov/applyfordisability.