If you’re filing for Social Security Disability Insurance (SSDI), you may have come across numerous legal services offering to assist you with your application. This may prompt you to wonder whether you really need a lawyer to help with your SSDI application.
It’s true that you can apply for SSDI with or without a lawyer. However, considering how difficult it is to be approved for SSDI, it is generally recommended that you consult with a disability lawyer in order to increase your chances of being approved for disability benefits.
We will discuss whether or not you need a lawyer for SSDI in more detail and how it would be beneficial to consult with a lawyer before applying for benefits.
Do You Need a Lawyer to Help With SSDI?
It is not necessary to consult or hire a lawyer in order to file an application for SSDI benefits. However, a lawyer can still be immensely helpful with the process.
Attorneys are a great resource when applying for SSDI benefits because they can increase your chances of being approved by ensuring the application is filled out correctly and building a strong case for you.
Is It Hard to Get SSDI?
It is not only difficult to apply for SSDI, but your chances of getting approval are very low as well. According to a survey, approximately 63% of SSDI applicants are rejected, whereas only 23% are approved in the initial stage.
There are several reasons why SSDI rejects so many claims.
Firstly, the SSA has a rather strict definition of disability. Your disability needs to be medically determinable for the SSA to consider it one. Most people don’t submit adequate medical documentation backing up their claim of disability.
The Social Security Administration will not approve your claim unless you are able to prove that you meet the legal definition of a disabled individual. To prove this, the Social Security Administration (SSA) requires you to provide your medical records.
When it comes to medical documentation, less is more. In general, it is advised to submit documents related to the following:
- Official diagnoses
- Registration records for hospital stays
- Methods of Diagnosis and Results
- Laboratory findings
- History of medical treatments
- Medication prescription record
- Doctor’s statement describing the disability and how it impacts your ability to work
The SSA also rejects applicants based on whether they are currently engaged in Substantial Gainful Activity (SGA). This has to do with how much money you make on a monthly basis.
If you earn more than a specific amount each month, you will be considered as engaging in SGA and will eventually be denied assistance.
Many applicants also get rejected due to their lack of cooperation with the SSA. For example, if the SSA requests that an applicant submits some required paperwork within a specific timeframe, failure to do so could result in the rejection of your claim.
Finally, many applicants get rejected based on whether or not they have been following treatment recommendations from their primary care physicians.
In order to be eligible for SSDI, you need to prove to the SSA that you have invested every effort in trying to cure your condition. If you don’t, the SSA will not be able to determine whether your condition is curable or not.
You want to show that you have been devoted to your recovery.
Benefits of Hiring an SSDI Lawyer
Although it is not required for you to hire an SSDI lawyer when applying for benefits, doing so can increase your chances of being approved.
If your application is rejected, you will have to reapply for benefits, which can be a hassle in and of itself. Disability experts can get you approved for benefits in the initial stages because they are experts in the process and can build a strong case for you.
Following are some benefits of working with an SSDI lawyer.
Punctuality
SSDI lawyers have been through the process numerable times before your case, which means they are familiar with the ins and outs of the process. They know all the deadlines and will make sure that you never fail to submit any required documentation on time.
Medical Evidence
As mentioned earlier, a big factor in being approved for SSDI benefits is that you submit all the required medical evidence in order to prove to the SSA that you have a disability. SSDI lawyers are well aware of all the medical documentation that will help in proving a disability to the SSA and in the approval of your claim.
They will determine whether your medical condition is included in the SSA’s Blue Book of Disability and if not, they can also help build a solid case for you in order to establish a disability that is not included in the SSA’s Blue Book.
Your disability examiner might get annoyed if they have to go through several pages of information that are not relevant to your application while the necessary information is incomplete. An SSDI lawyer knows which additional medical documents, such as lab tests, are required while making sure that irrelevant information is excluded.
It’s important to know how to contact your doctors and effectively communicate with them when collecting evidence for your claim. Since SSDI lawyers have to regularly interact with medical doctors, they are experts at communicating with them and getting the required information.
Some doctors are too busy or even unwilling to provide you with documentation. In such a case, a disability attorney can professionally acquire documentation from them without you worrying about it.
Hearings
SSDI lawyers are well aware of the Administrative Law Judges (ALJ) and how they conduct their hearings. As such, they can help you create a strong case according to the judge’s expectations. They can even create legal paperwork describing your case and may be able to get your claim authorized “on the record” (meaning without a hearing).
Damage Control
Oftentimes, there is information about your past work history or other medical records that could be detrimental to your case. Disability lawyers are aware of how to manage such situations and can help minimize the harmful impact of this information.
Cross-Examination
Many different hearings with an ALJ use the testimony of a vocational expert in order to determine your disability. Disability lawyers will be able to question the vocational expert’s claims and rebut any damaging testimony.
This is difficult for a layperson to do because they would require in-depth knowledge of the various job categories and the abilities associated with them.
A disability lawyer can also prepare you for being cross-examined by an Administrative Law Judge.
An administrative law judge may inquire as to the applicant’s transparency with respect to the state of their health, the severity of their disability, the justifications for any discrepancies in their medical documentation, the efficacy of any treatments they have received, and their employment history.
Argument
Many applicants, when testifying in front of an Administrative Law Judge for the first time, may not be aware of all the important arguments that they have to make for their case.
In order to better understand the applicant’s disability and its effects, a disability lawyer can ask probing questions that will clarify the applicant’s testimony.
Disability lawyers are well-versed in the types of evidence that will convince a judge, such as proof that their client’s medical condition is listed in the Social Security Blue Book, that their client’s multiple disabilities render them unable to work, or that the client’s vocational expert wrongfully relied on the client’s prior employment history.
How to Get SSDI Without a Lawyer
Initial steps include submitting a written application, a disability report form, and medical documentation. There are a few different ways to submit your paperwork while representing yourself in a social security disability case.
Make an Appointment
Filling out your paperwork at a local SSA office is your best bet if you do not have access to legal counsel. You could ask a representative there to clarify the process for you. However, SSA employees can only assist with technical inquiries regarding the forms themselves.
It is not their responsibility to advise you on how to complete them for maximum benefit to your case.
Make a Call
When applying over the phone for Social Security, you could get assistance from a representative if you have any issues, although wait times can be lengthy (anything from 45 minutes to several hours).
Post or E-Mail
It is not recommended to fill out the papers at home, but if you mail in your application, you will have the option to include any relevant medical documentation. Unfortunately, medical records cannot be submitted electronically.
Although it is quite difficult to get SSDI on your own, there are some strategies when filing an application that could increase your chances.
1. Be Transparent
When filling out the portion of the disability report that asks what you do during the day, it is not enough to just write down your regular activities and responsibilities. Instead, write down the obstacles you must overcome to do these tasks.
Make sure to record any downtime or difficulties you encounter while working.
As an example, you might say something like, “I do wash my clothes, but it typically takes me a couple of days since I have trouble getting them out of the machine.”
If you have difficulty standing over a stovetop, you can say something like, “I make meals, but they’re primarily in the microwave because I am unable to stand over a pot anymore.”
2. Avoid Exaggeration
Although you may be in excruciating pain, exaggerating your suffering by claiming to be in “level 10 pain” can damage your credibility. In medical terms, a pain level of 10 is considered life-threatening.
Describe your symptoms without coming across as overreacting. Finding the right balance between telling the truth and answering questions in a way that helps your case is essential.
3. Be Punctual
Ensure that you send any additional paperwork to the SSA on time after filling it out. This will also make sure the first application doesn’t disappear somewhere along the way. Be as honest about your strengths and weaknesses on these forms as you were in the initial application.
4. Reconsideration
You have 60 days from the date of the SSA’s rejection of your original application to submit the required papers appealing the decision. You will have to start over if you don’t make the deadline.
If you are concerned about winning a disability appeal without a lawyer, you can rest assured that doing so is as simple as checking a box. Be sure to check your mail frequently during the appeals process. This can be an issue if you are experiencing problems with housing or postal delivery.
Disability Hearings
The next phase, which is a disability hearing, is something that takes place only if your appeal is unsuccessful, which it almost always is.
The hearing can be stressful since you’ll have to testify in front of a judge and an official vocational expert. Will representing yourself in a disability case help you win? Not likely at this stage.
The vocational expert will argue that you are qualified for specific occupations. You should interrogate the vocational expert in a way that puts them on the defensive when they suggest a job you might be able to undertake.
It would be difficult for someone without legal training to adequately cross-examine a vocational expert. If you let the vocational expert speak without asking any questions, you will severely damage your case.
Some Exceptions
In exceptional circumstances, like Terminal Illness, your chances of getting approved without legal representation increase significantly. An application would never reach a hearing stage if this were the case.
The vast majority of terminally ill applicants have their disability claims approved without any additional medical evidence being required.
Disability Determination Services (DDS) should be contacted if you have applied for Terminal Illness (TERI) or compassion allowance. Make sure they know to look out for your report by letting them know you’ve submitted a TERI application and have that specific condition.
The Social Security Administration offers a fast-track service that can reduce the time it takes to review your claim from months to weeks. It is essential that you send in any relevant medical evidence along with your application as soon as possible.
Conclusion
So, while you don’t necessarily need a lawyer to help you with filing for SSDI benefits, working with one won’t hurt your case but instead might increase your chances of being approved for benefits. SSDI is complex, and having someone who is familiar with the process help you out can make a world of difference.
