Monday, May 23, 2022

How To Win A Disability Case With Social Security

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Hire A Reliable Attorney

7 Tips for Winning Your Social Security Disability Case

A qualified Social Security disability lawyer can help you in filling and submitting SSA forms, gathering relevant evidence, as well as managing other activities related to your appeal. On your own, you may feel overwhelmed given the complexity of the process. With a lawyer by your side, you are able to avoid any mistakes and ensure that you file an appeal without wasting any time.

Claimant With Severe Back Pain And Depression Awarded Two Years Of Back Benefits As Well As Continuing Benefits

Attorney Michelle Amick Prikhodko successfully represented a Social Security Disability benefits claimant in front of an Administrative Law Judge. The claimant suffered from severe and chronic back pain that prevented her from working. Attorney Prikhodko sought additional medical evidence that provided proof of disability to the Judge and the claim was awarded, resulting in two years of back benefits as well as continuing future benefits.

Should You Hire An Attorney

Most Social Security Disability applications are denied. Why?

Most claimants have no idea how to evaluate their medical records, or what questions to ask their doctor. They do not understand what an examiner or a judge will be looking for with a particular medical condition, or how to fully prepare a disability case for a hearing.

Dealing with a government bureaucracy like the Social Security Administration is difficult, and is especially hard on those who struggle with disabilities.

While it hardly seems fair that anyone should need to hire an attorney to win the disability benefits he or she deserves, this is the reality of Social Securitys complicated disability process.

Less than one of every three claims not represented by an attorney succeeds in being approved. With attorney representation, the number of successful Social Security Disability claims doubles.

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What If The Social Security Administration Finds That My Disability Has Ceased But Im Still Not Able To Work

The notice, which you will receive from the Social Security Administration following a continuing disability review, will explain your appeal rights. Read this notice carefully. If you appeal within ten days of the date you receive the notice your benefits will continue during your appeal. So be sure to act quickly.

Make Sure You Attend The Hearing

The Social Security Hearing: Best Ways to Argue Your Case

You will have the best chance to win your SSD case if you show up at the hearing on time. You will know about your hearing date well in advance. You should make plans for transportation and other needs so you have access to the hearing. If you are not able to attend for some reason, you should postpone your hearing. If you dont notify the SSD and you dont show up, your claim may be denied.

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Claimant With Back Injury Awarded Social Security Disability Benefits

We dont give up. We recently won Social Security Disability benefits for a younger individual who had sustained a serious back injury that resulted in surgery. The Administrative Law Judge denied his application after rejecting the treating orthopedic surgeons opinion and found that the claimant could do sedentary work. We had to take the case to federal court. The Court eventually found that the ALJs decision contained legal error and remanded it for another hearing. Luckily, we were assigned a different ALJ on remand. We submitted updated medical records showing that his back still had not improved and still prevented him from working. This time the ALJ assigned to the second hearing issued a Fully Favorable Decision, allowing our client to be awarded benefits for the period of time all the way back to his accident. This client recovered well over $100,000.00 in back benefits alone.

Hypothetical Situations And Disability Hearings

Your attorney will talk with you beforehand to prepare you to testify and to advise you regarding statements to avoid. He or she will tell you that the judge who will hear your case is an administrative law judge. The ALJ makes decisions on hypothetical situations. You should not attempt to present common sense arguments to the court since the situation is hypothetical.

In other words, if you are hypothetically offered a job, can you work? Instead, let your lawyer speak for you. Some cases, especially for a person under the age of 50, are quite complex. Your attorney will list valid reasons as to why you cannot work at a desk job and direct you not to bring up other reasons that might not apply in your case. Some of those reasons that the Social Security Administration will likely reject include the following:

  • I cant find any desk jobs in this area.
  • Ive never worked at a job like that before.
  • I would have to drive too far to go to work.

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How Long Will It Take For Ssa To Pay Me

As a rule, it takes one to two months for back benefits to be paid and monthly benefits to begin in a Social Security disability case in which no SSI application was ever filed.

But these are only general rules. In some cases, it takes as long as 3 months for back benefits to be paid. When it takes more than 90 days for back benefits to be paid in a Social Security disability case, it may mean that there has been a bureaucratic mix-up somewhere in the system. In that case it will be necessary to take some sort of action to deal with the delayed benefits.

If 90 days pass from the date of the decision and I am still not paid my back benefits, is there anything that can be done to speed up payment?

It is possible that your attorney may be able to do something if you are not paid after 90 days. Be sure to telephone your attorney to explain that you havent gotten paid after about three months. It may be necessary at that point to contact the payment center.

Disability Benefits Awarded To Client In Need

How to Win Your Social Security Disability Case Early

This client retained our services for her claim for Social Security Disability benefits based on multiple medical problems including of IgA immune deficiency, myofascial pain syndrome, degenerative disc disease L-S spine, urinary incontinence, depression and generalized anxiety disorder. We

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Consult With A Social Security Lawyer Nj Residents Trust

Going to a disability hearing at the SSA can be intimidating for someone who has never gone through the process before. Having a skilled professional help you to prepare can often strengthen your disability case. When seeking Social Security disability tips, you will want to be sure to get them from an experienced Social Security lawyer NJ residents trust. Call Hermann Law Group, PLLC at 286-3030 today for assistance with your disability case. Hermann Law Group, PLLC knows the experienced and dedicated attorneys you can trust to help give you the Social Security disability tips to strengthen your case. Call today for your consultation!

Looking For A North Carolina Disability Lawyer

If you suffer from a disability and are unable to work, you may qualify for Social Security disability benefits, and an experienced North Carolina disability lawyer may be able to help.

The disability team at Riddle & Brantley is led by a Board-Certified Specialist in Social Security Disability law, with more than three decades of experience fighting for North Carolinians with disabilities.

We believe Justice Counts and would love to help you if we can.

Please call 1-800-525-7111 for a FREE consultation with an experienced North Carolina disability lawyer.

There are no upfront costs and no attorney fees unless we win your claim or appeal and you receive disability benefits.

Call 1-800-525-7111 today and lets discuss your case.

The consultation is free and there is no obligation. We only get paid if we win your case and you receive the benefits you need and deserve.

Justice Counts.

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Factors That Make A Strong Ssd Claim

12 Factors That Make a Strong Social Security Disability Claim

In 2017, our clients won 87% of their Social Security cases. Contrast this with the national average of claimants only winning approximately 43% of their cases at the hearing level. The year before, our clients won 91% of the time, so 2017 wasnt a fluke. What makes the difference? We screen our cases carefully considering the factors below and only take the cases we believe have a good chance of winning. Actually winning the case still takes a lot of work in developing the medical evidence, writing a persuasive brief and presenting the case well but if the frame-work is in place you will win a high percentage of the time. Also, the ALJs know we screen our cases, and I tend to think we get the benefit of the doubt on close cases as a result. Below are the primary factors we consider.

  • Solid Work History. If you have a steady work history, this can really help your disability case. I have heard numerous ALJs comment about what good, steady workers my clients were prior to their disability. If a client demonstrated a good work-ethic over the last 15 years or more, it goes along way with most ALJs. The reasoning goes, this person has always been a worker, and they would still be working if they were able to do so. This is especially true with higher wage-earners. Conversely, a spotty, gap-filled work record will result in greater scrutiny by the ALJ.
  • Here Are Some Things You Need To Know If You Decide To Brave The Social Security Process Without A Disability Lawyer

    How to Win Your Disability Case

    By Melissa Linebaugh, Contributing Author

    Although the Social Security Administration doesn’t require you to hire an attorney, statistics show that you are much more likely to be approved if you are represented. However, if you decide to represent yourself there are some important things to keep in mind throughout the process.

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    A Social Security Hackensack Nj Law Firm On The Key To A Disability Hearing: Your Testimony

    If your Social Security disability claim has reached the hearing stage, youve already been through a lot the limitations imposed by your impairments, of course, but the disability process itself is long and stressful. You likely have been informed by your New York Social Security disability lawyer that statistically, this is your best opportunity to be approved for benefits, and its important to make the most of it.

    If L Get Paid First Should I Wait Until I Receive The Notice Of Award Before I Cash The Check Or Spend My Past

    There is no problem with cashing the check. But it is best that you deposit your check in an interest bearing savings account and not spend it all until you receive the Notice of Award so that your attorney can make sure that attorneys fees were withheld and that you have not been overpaid. It is also a good idea to make two photocopies of the check before you deposit it. Send one copy of the check to your attorney and keep the other for your records.

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    Chances Of Social Security Disability Approval At The Reconsideration Level

    The next step in the SSAs process is called Reconsideration.

    At this step, a different Claim Examiner at the states Disability Determination Services office reviews the work of the Examiner who reviewed the case at the Initial Application stage to see if anything was missed or of if the decision should be changed for other reasons.

    On average, the chance of approval at the Reconsideration level is only 13 percent.

    This means that only in 13 percent of the cases that are originally denied, DDS reverses the denial into an approval. The rest are denied a second time.

    It is very frustrating for claimants at the Reconsideration stage because they have very little control over the time it takes to get through this stage or the result. Other than attending any doctor examinations or other appointments the SSA asks you to attend and making sure DDS has all your medical records, the Reconsideration stage simply involves waiting.

    Hiring A Reliable Social Security Lawyer In Greenville Sc

    HOW TO WIN YOUR SOCIAL SECURITY DISABILITY CASE

    If your disability application has been denied at the initial stage, we can help you. Here at the Surface Law Firm, we help applicants seeking Social Security disability benefits. Our lawyers work with you before, during, and after the initial claim. If your claim is turned down, we help you file the appeal in time or take your case to a hearing if needed. Reach out to us today to discuss your Greenville disability application with our lawyers.

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    How To Build A Strong Disability Claim After An Epilepsy Diagnosis

    The Social Security Administration allows patients to collect disability for a seizure disorder, but not all patients will qualify for benefits. In particular, the SSA won’t compensate patients for a single seizure only individuals who experience multiple recurrent seizures will be eligible for epilepsy disability.

    While it can be difficult to prove the extent of your condition, patients can build a strong disability case through:

    If you’re unable to work due to the symptoms of your epilepsy, our attorneys can help you get the benefits you deserve. Call us today, or fill out the form on this page to set up your consultation with a Social Security attorney.

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    How Do You Get Your Doctor To Help You

    Your best chance at winning using the listing is to ask your doctor for his/her help. While it is possible that a Social Security adjudicator would plough through hundreds of pages of medical records looking for proof that you meet a listing, you would be wise not to assume this will happen.

    Instead, you can greatly improve your chances at an early, listing level approval by doing one of the following:

    print out a copy of the listing, take it to your doctor and ask the doctor to write a narrative report explaining to Social Security how and why you meet the listing or ask your attorney to create a checklist based on the appropriate listing that you can bring to your doctor to fill out. Your attorney will also need to confirm that the adjudicator or judge has all of the supporting medical records

    It is also helpful to identify in big bold print your assertion that you meet a particular listing. Adjudicators and judges are busy people and there is no reason to make them guess about what you are asking.

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    Benefits For A Disabled Child

    A child under age 18 may be disabled, but we don’t need to consider the child’s disability when deciding if he or she qualifies for benefits as a dependent. The child’s benefits normally stop at age 18 unless he or she is a full-time student in an elementary or high school or is disabled.

    Children who were receiving benefits as a minor child on a parents Social Security record may be eligible to continue receiving benefits on that parents record upon reaching age 18 if they are disabled.

    The Four Appeal Levels For Social Security

    How long does it take to get an answer to a Missouri ...

    After you receive your denial letter, you will have 60 days to complete your request for reconsideration. Keep in mind that mailing times may cut into that sixty days, which means up to ten days might be wasted in transit. It may be best to assume you have only 50 days. Alternatively, you can drop it off at the social security office in person.

    The first three steps lead up to your federal court appeal. So its important to take each step seriously and complete it in full and to the best of your ability.

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    Social Security Disability Insurance

    If you have worked and paid enough Social Security taxes, and you are disabled, you may be entitled to SSDI benefits. These benefits are also called Disability Insurance Benefits . The total payment you receive will generally depend on what you have paid into the system through social security withholding taxes.

    Your VA disability payments will have no effect on your eligibility for SSDI.

    Top Ways To Increase Chances Of Winning Disability Claim

    Welcome to Disability Benefits Help, an organization committed to helping claimants across the United States receive approval for disability benefits.

    Since applying for Social Security disability benefits can be a difficult process, a disability attorney or advocate may increase your chances of being awarded benefits by helping accurately and favorably complete the complex paperwork, ensuring that all deadlines are met, and providing you with representation at a hearing. After submitting our web form, you will receive a 100% FREE evaluation of your disability claim. Disability attorneys and advocates receive compensation if you are awarded back benefits. We have no affiliation with the Social Security Administration, the agency at which you can apply for Social Security disability at no cost.

    In an ideal world, all individuals who become disabled would have the physical, emotional, and financial support to assist them through such a difficult time. The Social Security Disability Insurance program was developed to offer income support to those who have become permanently disabled due to an illness or injury.

    There are concrete actions that you can take to improve your chances of winning your Social Security disability case. In addition to improving your odds of approval, following these steps may also help to expedite your award.

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    When A Listing Is Not Met

    If you don’t meet a listing, Social Security will consider the effect that a person’s medical condition has on his or her ability to work. A disability examiner at Social Security will determine what level of exertion you are capable of and what physical restrictions limit the jobs you can do. For mental or emotional claims, the examiner will consider how your symptoms limit what you can do.

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