What Can I Do To Help My Claim
No matter what Social Security Disability lawyer you hire, they will need your participation and cooperation to win your claim. The more you can do to help your claim, the better. Ask at your initial meeting what you can do to help increase the chances that you will win. The attorney might suggest gathering certain documents, getting regular medical treatment, and following the medical advice of your physician. Be willing to follow the suggestions of your attorney.
Gathering And Assessing Your Medical Records
If your medical records are incomplete, or there are inconsistent reports or gaps in your treatment history, the ALJ may have grounds to deny your claim. Therefore, one of the most important services a disability attorney can perform is gathering the proper medical records and submitting them to the court. Although you can request records yourself, an attorney can usually get them more quickly. An attorney will also know when your medical records need updating.
In addition to contacting physicians and medical facilities to obtain your medical records, a disability attorney will review the records in detail and decide if they should be submitted to the SSA. This is important because it allows the attorney to determine whether your case needs additional medical evidence and whether any key test results or documentation is missing spot other issues that may arise at the hearing.
For more information, see our article on how disability attorneys develop medical evidence.
Appeal Your Claim Without A Long Term Disability Attorney
Finally, if your long term disability insurance claim is denied, please contact an attorney to discuss your appeal as soon as possible. Working with an attorney familiar with the rules and how long term disability insurance companies operate will give you the best chance to win your appeal and secure your long term disability insurance benefits.
When clients contact me after the internal appeals are complete, it is frustrating because I know there often was crucial evidence not submitted as part of the appeal. You may think this is not a big deal because that evidence can be submitted later in Court, but this is not true. A big advantage for the insurance company is once the internal appeal is over, additional evidence cannot be submitted later in Court. This means you are locked in to whatever information and evidence was presented to the insurance company as part of your appeal.
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How To Win Social Security Disability Without A Lawyer
Social Security Administration, one of the agencies of the U.S. federal government is in charge of social security issues and they are overwhelmed with disability applications. We are talking about several million applications a year. That is why it is necessary for your case to be prepared as good as possible in order for the whole process to be completed successfully and relatively fast. For this reason, most of people decide to be represented by a social security disability lawyer, whose primary field of work is disability applications.
Although it is clear from all the statistics that your chances are much higher if you are represented by a lawyer who specializes in this issue, than if you try it all without a legal representative, many people still decide to represent themselves. And we can confirm to you that you can win the case that way, even if you reduce your chances by not having an attorney. If you are reading this text, you have probably opted for that option too because youre sure you can win on your own. To help you, we will give you tips on how to win social security disability without a lawyer.
Chances Of Social Security Disability Approval At The Initial Application Level
At the first level, only about 30 percent of all claims are approved.
Those that are approved are usually for claimants who meet a Listing or who are so clearly and obviously disabled that there is no question they cannot work.
This leaves roughly 70 percent of the original 2 million claims rejected at the Initial Application level.
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If There Is Any Way To Win Your Case We Will Work Hard To Find It
Has an Administrative Law Judge ruled against you in aSocial Security disability hearing? Now is not the time to give up. You have the right to a review by the Social Security Administration Appeals Council. The Pennsylvania SSD appeals lawyers atRubin & Badame, Attorneys at Law, P.C. have many years of experience representing individuals who go through the appeals process. Our attorneys have a proven record of positive results.
Is There An Alternative To The Full Application Process
Yes. The Social Security Disability Insurance has an initiative called Compassionate Allowances . This is a process whereby the Social Security office can provide benefits quickly to applicants whose medical conditions are so serious that their conditions obviously meet disability standards. There are 88 qualifying rare diseases and cancers on the list. Compassionate allowances allow the office to quickly identify diseases and other medical conditions that qualify under the Listing of Impairments, based on minimal objective medical information. Compassionate allowances allow Social Security to quickly target the most obviously disabled individuals and get their benefits to them.
It is possible that certain members of your family qualify for benefits based on your condition and your previous work.
Those family members include:
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If You Are Attempting To Apply For Disability Benefits We Can Help Most Applications Are Denied Initially We Work To Improve Your Chances Of A Favorable Judgement By Making Sure All Your Information Is Present And Correct We Know What The Ssa Is Looking For If We Feel You Dont Need An Attorney We Will Tell You If You Have Been Denied Disability Benefits Dont Give Up Contact A Disability Lawyer At 512
If a disability claim is not approved on initial application, the claimant will have to go through the appeals process.
Though legal representation is not required, appearing at a court hearing before an administrative law judge without an attorney can hurt an applicants chance of success. If you represent yourself and lose, you may have to reapply all over again. Disability attorneys are experts in the reconsideration and appeals process a disability attorney can craft your case to reverse a denial and present your case to the ALJ.
Fees for disability attorneys are regulated by federal law and typically amount to the lesser of 25% of disability back pay or $6,000.
This fee comes straight from the SSA so there are no out-of-Pocket costs for you. The government realizes that folks filing for disability will be unable to pay for an attorney by themselves. If a case goes to Appeals Council or federal court costs may increase, but fees are only charged if you win your case. When is the best time to hire a disability attorney? The earlier, the better. Legal representation will ensure that your claim is filed properly and may speed the process of receiving the benefits you are entitled to.
The Social Security Disability Appeals Process: Appeals Council
If the ALJ denies your claim based on the hearing, your next option is to appeal to the Appeals Council . This is done by filing a Request for Review of Hearing Decision . The focus of the AC is to review the decision made by the ALJ to determine if they committed substantial errors. Your SSD lawyer can help find any potential errors made by the ALJ and explain them in a written argument to be submitted to the AC.
There is no hearing or meeting with the AC. They review the circumstances and make a decision. If they determine that the ALJ was mistaken, they send it back to the ALJ for review. If they believe the ALJ was correct, your claim is denied, but you can appeal to Federal District Court.
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Talk To Our Kentucky Disability Appeal Lawyers Now
No one should ever go through the disability appeal process alone. If your claim for SSD has been denied, you should speak to one of our Kentucky Social Security appeal lawyers at Morgan, Collins, Yeast & Salyer today.
We will help determine why your initial claim was denied, walk you through every step of the appeal process, and give you the best chance of success. Weve helped thousands of people navigate this system, and we want to help you, too.
Contact us for your free consultation now.
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- What Our Clients Say
In March of 2019 my whole world changed. I was hit in the head at work causing a traumatic brain injury. I lost who I was, my ability to do a job I loved, a year of my life. The head injury caused problems with my heart. If you thought the workers comp system is confusing with a whole brain, try it with half a brain. The firm of Morgan, Collins, Yeast and Sayler have helped me negotiate through the maze making sure my children and I got what we deserved and were taken care of. I was not an easy client. Angry about my injury and the changes to my personality and the cognitive difficulties. Depressed about the loss of my self and my career made me difficult . Scott Borders took what I threw at him and was a staunch advocate through it all. I would most definitely recommend this firm if You need help negotiating the workers comp system. They will have your back.
The Appeals Council And Federal Appeals
If the ALJ denies your claim by mistake, you can ask the Appeals Council to review the ALJ’s decision, but the AC doesn’t have to review the decision if it doesn’t think its necessary. If your claim is denied by the AC, or if the AC refuses to review the ALJ’s decision, you can appeal to the federal district court. The SSA will not assist you with a federal appeal and you must make sure that you follow the court rules carefully otherwise your complaint will be dismissed. It makes sense to hire a disability lawyer to appeal to the AC or federal court .
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What Are The Chances Of Winning A Social Security Disability Appeal
Before getting into those numbers, be aware that the question of what factors the Social Security Administration uses to determine whether your particular claim will be approved or denied is not addressed in this post. For more information on that, check this out.
This post talks ONLY about your statistical odds of receiving benefits.
These claims can be made under two provisions of the law:
In other words, 2 million Americans made claims for disability benefits in a year.
So, of those 2 million claims, what are the odds that each of them will eventually be approved?
When Does Hartford Usually Deny Disability Benefits
Chances are if you have received a denial from Hartford it has come without warning. Typically it starts with not receiving your monthly disability benefit on time. When an inquiry is made it is not uncommon that you are unable to reach your claims manager to find the status of your claim. It may be some time after your monthly benefit doesnt arrive that you receive a letter in the mail dated prior to the date your check was to be issued advising you that your claim has been denied. The courtesy of a phone call or advance warning of the denial is not common for most people who have been denied by Hartford.
In our experience representing insureds against Hartford a persons disability claim is most likely to be denied by Hartford at one of two junctures: the long term disability application stage and/or the transition period from short to long term disability and at the transition from the own occupation to any occupation definition of disability. The point at which the claim is denied or terminated will often dictate how one must draft their appeal to ensure continued benefits. That being said, all disability appeals are always drafted in the context of ERISA as a body of law, which is unfortunately quite unfair for the insured. We have written and discussed numerous times throughout our website and videos as to how ERISA is an unfair body of law and having a policy governed by ERISA greatly impacts claims for disability benefits so we will not belabor the point here.
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How Much Will An Attorney Charge To Handle An Ssdi Appeal
If youre considering hiring an attorney to handle your SSDI appeal, chances are that you are curious as to how much an attorney will charge you. But what most people dont realize is that SSDI cases are a special area of the law in which attorneys do not charge hourly rates or demand large retainers. Instead, the amount that an attorney charges for an SSDI case is set by law, meaning that all attorneys charge a fee that is calculated the same way.
How Social Security Administration Views Fibromyalgia
The Social Security Administration published a policy interpretation ruling, SSR 12-2p, in July 2012 that works as a guideline for how the SSA evaluates each fibromyalgia case. This ruling is also used to determine a medically determinable impairment.
To be established as a disability by the SSA, your fibromyalgia case must meet the following requirements:
- Medical evidence from your physician showing that the fibromyalgia ruling is unanimous.
- History of widespread pain throughout all parts of the body.
- Evidence of tests conducted that ruled out any other diagnosis.
- Must meet 11 out of the 18 tender points during physical examination. See image below for the 18 possible tender points used by the SSA.
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Don’t Miss Filing Deadlines
Make sure that you meet all deadlines for filing your request for reconsideration or request for a hearing. Usually the SSA will give you 60 days to file from the time you receive a denial notice. If you miss the deadline, you will have to show “good cause” for why it was missed. If the SSA decides there wasn’t “good cause,” you will likely have to start the process all over again.
Get Help With Your Social Security Disability Appeal
While the best outcomes occur when SSD applicants hire an attorney before they submit their SSD application, all hope is not lost if you hire one during the appeals process. Having an attorney on your side at this step can still help increase your chances of success. Our lawyers are here to help every step of the way.
Contact Joyce & Bary Law today using our convenient online contact form, and well get you scheduled for a free consultation.
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Keep Up With Your Case
You should check in on the status of your case from time to time. By calling DDS , you can sometimes “spur” the claims examiner to work on your case since, as the saying goes, “the squeaky wheel gets the grease.” Checking the status also ensures that your case isn’t hung up on waiting for medical records from your doctor. For more information, see our article on checking the status of your claim.
Dont Give Up After Ssdi Denials Most Cases Are Won On Appeal
The biggest mistake people make after SSDI denials is they dont file an appeal, or dont file it in time. The truth is that the majority of applicants that do appeal their case properly, end up winning.
The key to winning a disability case is to keep appealing:
- In the Reconsideration stage of appeal, we can submit crucial, additional evidence that was probably missing during the initial determination.
- In the ALJ hearing, we are able to present live witness testimony, cross-examine the governments expert witnesses, and argue your case to the judge.
- If you have exhausted all administrative Social Security appeals, we can appeal your case in federal court.
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San Antonio Social Security Disability Lawyer
Are you unemployed and injured, or unable to work a job due to a disability? Securing a Social Security Disability attorney in San Antonio, TX can make a huge difference in the success of your Social Security Disability case. Throughout your employment, you pay into a system of Social Security Disability. This system provides for different types of compensation for those who become disabled due to personal injury or other reasons and are unable to work. When someone becomes unable to work due to a disability, it can be an extremely stressful time. To replace the wages you are no longer able to earn, individuals can apply for disability benefits through the social security administration. These benefits are Social Security Disability or Supplemental Security Income . Working with Social Security Disability lawyers in San Antonio, TX can give you a better chance at securing the Social Security Disability benefits that you deserve.