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Applying for Disability Benefits? Watch this first!
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- Опубликовано: 18 авг 2024
- **See what benefits you qualify for + get free legal help: bit.ly/3K7vHoU **
Some people think it's easy to get disability benefits: You get the form from the SSA, apply, wait for a decision, and you're done.
Some people think it's hard: It takes forever, it's impossibly complex, and your chances of approval are low.
Neither are completely true.
In this video, we cover the ins-and-outs of the disability application process. It's a complete overview of what to expect when you apply and what to do if you're rejected.
Additional resources:
How to Apply for Disability Benefits: www.atticus.co...
Your Complete Guide to the Disability Benefits Application (Form SSA-16): www.atticus.co...
How to Fill Out the Work History Report: www.atticus.co...
How to Fill Out the Function Report: www.atticus.com...
#disability #disabilitybenefits #ssdi #ssi #disabilitysupport
00:00 Intro
0:37 Step 1: Initial Application
1:18 Step 2: Supplemental Paperwork
1:35 Step 3: the Initial Decision
3:00 Step 4: Reconsideration
3:24 Step 5: The Hearing
4:34 Step 6: The Decision
I applied myself online at 37yrs of age, very simple. I'm 53yrs old now. I've never heard back from SSI/DI since approval.
You have to be unemployed for a minimum of a year before applying.. (unless it's changed)
Then it takes 2yrs minimum for an Approval or Denial. (For everyone I know, including myself) Homeless for 3yrs.
I seen their doctors & they found me to be fully Disabled. No lawyer to take 1/2 of my $27k first lump sum payment.
I was seeing doctors monthly for over 15yrs before applying.
My Buddy with Cancer & 6 months to live was recently denied, only to be approved the day he died! My Uncle had a Brain Tumor, denied, hired an attorney & still lost. It's a 50/50 chance people.
Hi Mike. First, I want to acknowledge that the disability process can be really difficult. I’m glad to hear you were approved, and I'm sorry to hear how rough the experience has been on your friends and family.
A few misconceptions I do want to clear up - so other folks reading aren't discouraged from applying.
- You can apply before you’ve been unemployed for a year - you just have to be currently not working, or not working much. You also need to have a condition that *will* keep you out of work OR *has* kept you out of work for at least a year.
- Your first approval or denial letter should come in 5-6 months. At that point, many people are unfortunately denied, and have to file for reconsideration. There is another waiting period for reconsideration, and another waiting period for a hearing if you have to appeal again. But many people do get an approval without a 2 year wait.
- Lawyers shouldn’t take half of your lump sum; their fees are set by law at 25% of your first check - or $7,200, whichever is less. They only get paid if you win.
We talk to hundreds of people every day who struggle to get the benefits they deserve - and we do our best to help them wade through the bureaucracy. If there are other people in your life who are considering disability benefits, I hope you'll consider our team a resource.
I got mine less than 6 months through Allsup. I guess it's getting tougher now. This was 2013.Spent alot of time phone conference and their Dr. Visits . After 10yrs S.S.A. has taken care of me, I also work 10 hrs a week to do something.
I've tried 5 times been denied I have autism and aspergers. I always get the same judge in Tennessee who denies everyone. And I live in Alabama And none of my attorneys really did there job. Some dropped my case. The fact this judge was rude and actually insulted me saying I was just lazy and can work if I can afford diet stuff to loose weight many many years ago smh. I am in worse shape now than I was then. I have lost all my family and I'm single alone and hardly get by. I need this help badly. I don't know what else to do. Nobody here in this state understands or fathems autism.
Same thing, I'm in California and been denied 5xs as well. I was told "unless I'm blind, have no arms, legs or on my death bed, I can go to work."
@@libratude9595 wow 5time omg that's terrible sorry to hear that . Did you end up going back to work ?
What evidence are you presenting?
They need all the citizen SLAVES to GET TO WORK for the system instead of following their dreams!
I am 65 years old . I have been having problems with my back and knees. I don't get disability but I get a retirement check which is $700. I been through this for years. I had a lawyer but still was denied. I'm getting ready to start pain management but I'm really to try again.
I can tell you what happened to me.
I attended the hearing by video and answered all the questions.
The judgement came back showing details that applied to someone else and I was denied.
My attorney refused to appeal which should have been a slam-dunk.
That whole mess is a bunch of criminals.
Yes. Every government is a criminal mafia that needs your money to keep paying the “higher-ups” in the system! They don’t want YOU to have it, you “useless eaters!” FICA is a JOKE! Good luck!
I applied for Social Security Disability Benefits in 2020, and was denied. I then picked up a Disability Lawyer, and I've still been waiting for an approval. I am in my late 40's and was diagnosed with Hypertrophic CardioMyopathy and Congestive Heart Failure in 2019 after going to the ER and with some testing done. Arrythmias, edema, fatigue, shortness of breath, lower oxygen levels, dizziness and even incontinence from taking prescription diuretics are just some of the things that affect me daily. My son is taking care of me financially through this process, being that I've exhausted all my other options at this point. He takes me to doctors visits as well. It's becoming overwhelming for him, and I do not like being a total burden on him. I honestly don't know what to do at this point. 8/2022 was when my disability lawyer filed an appeal on my behalf. Could you please give me any advice. What can I do to help my case?
You should’ve definitely been given disability. I have all of the heart issues that you mentioned plus some other health issues. It’s definitely debilitating. I hope you got approved.
Thank you so much. As of today, I am still waiting on an approval, and my condition has not improved!
Some of them judge folks are shady. The one I had didn't give me a hearing, he put me on trial! When he asked me my name and age and height, that was all it took to prove me a liar. I forgot to say a suffix at the end of my name and when I said I was 5'10 or so he once again pointed out my license says I was 5'11. I asked my lawyer why the fact a spinal fusion wasn't being taken into consideration and spinal compression. Now all these years alter, I am 5'9! So suffice to say the rest of that trial was all a wash and for nothing since a that point all credibility in that mans eyes was gone. This man was So bad he picked up an entire stack of what he said was medical reports / records and said these belong right here and tossed them in the garbage then proceeded to scream and holler at the top of his lungs. My layer had me get up and leave right on the spot. I waited for him for about 10 minutes. He came in a little room and told me to leave the building, don't say a word and he would call me later.
Later came and he called and asked if I would testify if he tried to bring this man up on misconduct charges and something about throwing the files in the trash. I said sure why not right? We talked it out and hung up. The lawyer called me back the very next morning and dropped me like a bad habit and said good luck.
Obviously I was denied. The man agreed after all that I was disabled but on the very last line of the determination letter it said since I had a college degree, it was denied. I had 30 days (??) to appeal the decision i think it was and I got the letter on that very last day I had to appeal the decision.
I would say I got a very bum deal and very bum people to work with. I wouldn't be afraid to try folks. If you are not cheating the system (lying) then you should be in fair to good shape. Remember there are 2 people in life you should never lie to, your doctor and your lawyer. Your Dr will save your life and your lawyer will save your .... butt. Don't lie.
All I know is if you don't have enough work credits that could be a denied applicant as a person with a disability has to have enough credits your payments are calculated by your earnings each month, than your disability has to add up why you can't be physically performed the tasks like everyday in your home or at work,
Doctors has to evaluate you therile enough to prove that on documents
They have to be 100 accurate with evidence Your disability has to be very severe enough to where you can't live stand walk run or cook or use bathroom or carrying things they will test you in physical therapy occupational therapy and of course they will send you to SSA doctor to evaluate you.. keep in mind they want to see if it's a chronic long term disability or disease near to death .
Something that affected you and no cure for it and It causes you to be in a wheelchair for life...they are more interested in something like that . otherwise. most cases would be denied due to lack of evidence and your problem was not servere enough
Excellent video...👏🏼
Gracias 🙏 great video great work
I just got deny like yesterday before
Hey Arshad. We're sorry to hear about your denial. Being denied is unfortunately common at the initial application stage-but that doesn't make it less frustrating. The good news is that many people who are initially denied still qualify - and your odds of being approved improve at a hearing.
We wrote about what to do next if you're denied here: www.atticus.com/advice/general/wrongfully-denied-disability-heres-what-to-do-next
Hope it helps!
I was denied by the ALJ a few weeks ago and I’m devastated. My attorney said when she sees what the judge said on the denial letter she will know if we should go to appeals council. She said it’s like a “road map” for what to do next. What possibly could be said in his denial that would hint to my lawyer that it could be overturned at appeals?
Hi Keleke, I am so sorry to hear about your recent denial. It's hard for us to comment on what your lawyer is anticipating or what the judge might include that would impact your lawyer's strategy - every case is unique.
Your lawyer probably explained what next steps could look like if you bring your case to the Appeals Council but, if it is helpful, here is a breakdown of how the Appeals Council works should you and your lawyer decide to pursue that route: The Appeals Council is the highest administrative court for claims filed under Title II (SSDI) or Title XVI (SSI). Part of the role of the three-member council is to review the decisions of Administrative Law Judges. If the Appeals Council grants a review of your case, they could decide your case themselves or your case may be sent back to an ALJ for review again. If the Appeals Council declines your request to review or if you disagree with their decision, you may be able to appeal at the Federal Court level.
I can't speak to your lawyer's strategy for next steps, whether pursuing an Appeals Council claim is the right next step for you, or what other options your lawyer may be considering (like I said, every case is unique and it is very difficult to make any judgment calls from the outside, so I won't do that). As long and arduous as this process may be, I hope it is some comfort to hear that this particular ALJ denial may not be the end for your case.
I wish you the best of luck in this continued journey and I hope you get a swift decision so you and your lawyer can make a plan for your next step
@@atticus_legal I really appreciate your response.
@@atticus_legal Just had my SSDI hearing today. The ALJ ask my attorney to get my last check stub from the first quarter of 2020. Is that a good sign I got my SSDI approve? The Judge issue is my on set date and wages. She needs to verify my wages are correct with the SSA.
@@thebootielover I’m not the lawyer but it could just be part of needed paperwork to write your approval or denial? Not sure. Good luck.
@@atticus_legal if after being denied, I reapply, would another new back pay start accumulating since my original case lost and all that back pay is now gone?
Got denied for disability due to the fact i could do other work. Was a diesel mech for the last 25yrs and on my feet 12 hrs aday. Now ic ant be on my feet for 3 hrs in the total day. Guess they want some retaining for this other job they say i can do, sure dont know how that gets paid for. It completely discouraging to say the least.
Hi Jason. We're so sorry to hear that. It's something we hear from a lot of clients who are under age 50: "They say I can do another job, but what job? Where?"
Were you denied at a hearing, or after the initial application? If your application was denied, you can file for reconsideration. Many qualified applicants get rejected initially, and your chances of approval are the highest at the hearing stage.
If you're thinking about appealing, or applying again, we'd be happy to help. Here's our intake quiz to get started: www.atticus.com/disability-benefits/get-help/survey/landing/k
You can get another job that’s not on your feet, that’s why you are denied
I need a lawyer because I'm losing my SSI, can you help?
Wished i could get an attorney help me get disability but atturneys refuse to help deaf
I'm sorry to hear that hope someone will pick up your case🙏
The thing that makes me angry as a former psych nurse practitioner is people getting disability for minor psych issues that tons of people deal with every day and can work with. I’ve seen it so much, and it just angers me beyond words, but yet a person with severe physical disabilities have to jump through hoops and sometimes can’t get Social Security disability. The system is so screwed up
Feel sad for all the parient assigned to you. Please quit and get a job where your not Nurse Ratchet.
“Minor psych issues.” 💀💀💀
I can appreciate your viewpoint. It's can be frustrating to see some people with psychological issues function well, while others with similar issues will have problems. One person will call for assistance if there is a crisis, the other one won't. One person can endure pain, while the other will require an opiate. They ain't going to change either, no matter how much you confront them or refuse to rescue them.
True
@@urdeadremote I'm really concerned to see a psych provider say something like this
Edit: looking at this commenters profile, I HIGHLY doubt this person has qualifications let alone access to patients. At the very least not anymore .... wow.
Thank you Sarah
My biggest question is I got a lawyer and all and filed for my disability it took just under 12 months to get denied well then now I'm going into 9 months for my appeal do I have had nothing for 2 years down there and no one told me to go get SSI or anything it was do your disability and all that well now that I'm two years in it and living in the streets now they tell me where maybe you can go get SSI why didn't they tell me to go get my SSI when I file for my disability then I would have had money and medical and everything but no they leave me laying in the street for 2 years
i have to do this and im scared to death of being rejected, im that chump running out of options
I'm going to apply for a SSDI in January of 2024. I would think 62 years old it would be a little bit easier
It's easier for anybody over the age 50. you may get turned down first but then reapply.
What if they say you don't gave enough work credits, can adicus still help
Can you really show that someone has a higher chance of getting approved with a law office than solo? I know people that worked at one of those places... without naming them it was a place in American Fork, Utah that is no longer there... and they just seemed to be throwing stuff at the wall and seeing what would stick. They had a pretty good fail rate.
Thanks.
Government studies (www.gao.gov/assets/gao-04-14.pdf) have shown people with attorneys have a much greater approval rate than those without. This is particularly true in a hearing phase, where a lawyer's expertise is necessary to cross-examine vocational witnesses and make a compelling case before an administrative law judge.
But you make a good point - not all disability lawyers are equally qualified or likely to be successful. And without a legal background - it can be hard to sort out great attorneys from mediocre ones. At Atticus, our internal legal team vets disability lawyers across the country - and matches our clients with only the best of the best. We don't charge anything for our advice or our services - and clients only pay their lawyers if they win.
If you'd like an attorney match, you can get started here! www.atticus.com/disability-benefits/get-help/survey/landing/k
If an ALJ send me a letter reverse and remend what does it mean?
Hey
Expect several years of waiting for them to reply. Months after the hearing they send you to a psychiatrist to aske you what you do in a Theater that’s on fire The they will wait until December 23 to give you an unfavorable opinion the you file an appeal and wait some more
And oh yeah they will tell you they only work one day a week how come my hearing was first I went to my hearing on June 28 of 22 when I got sent to the doctors office then I finally got a denial when I filed an appeal they’re the ones that told me I was on employable during their hearing
Hello i applied for disability benefits and i am appealing the process what is the next step for me❤
hello my mom hearing disability and she never been work how to get approved
I'm in a recovery Sobberliving
my on set date is 05012020. I applied for SSDI on 092821. I got unemployment from 040120 to 073121. If I am approved for SSDI. Will my back pay be offset by my unemployment? I live in the State of Texas
Hey there! It's hard to answer this without more information but back pay refers to the time between the date you applied for benefits (092821) and the date of approval. It looks like you submitted your application after your unemployment ended, so it wouldn't necessarily impact that back pay. Some applicants are also eligible for retro pay, which can be up to a year prior to the date you submitted your application depending on your onset date. The SSA will make a final determination on your onset date. Unemployment does not necessarily impact any back *or* the retro pay you may receive.
If you need more assistance or want to be connected with a lawyer to help you through the rest of the process (or if you receive a denial), please reach out to us! Take care! - Sarah
That's exactly what happened to me. I didn't get any back pay because I received 6 months of unemployment payments...
Habla español
Do I need to stop working to apply for disability benefits
Great question. Disability benefits are designed for people who are too sick to work - but there are exceptions. It all depends on how much you're working and how much money you're making from work.
We wrote a more detailed answer here: www.atticus.com/advice/general/can-you-work-on-disability
Yes you cannot be working
Do you have apple for disability for green card holders safring from corna pashant languages kapsti not good do not work due to problems
I’m not American citizen yet and I need 40 credit to get disability I only have36 credit and I just got my surgery February 20, 2024 Don’t have money for apply for American citizen cannot go back to work two more months or cannot at all because my surgery
Welcome isral
How sad it is that one needs a lawyer in this process of getting THEIR OWN MONEY back from the government, who shouldn’t have been taking your money in the first place all those years you were working! The whole system is a JOKE!
Try paying for College. 😊
AND WHERE THE HELL IS ATTICUS? MAYBE WE DON'T NEED TO KNOW...?
Hi there! We have lawyers in nearly every state, and we serve clients nationwide. Our team is remote and based across the country, but we have an office location in Los Angeles.
Hi and hello can you please send me and my son our funds on my card please and happy happy new year from me and my 9 beautiful children of God and stay warm and God blessed from Ms Darlene hack and her 9 beautiful children of God.😊
I will say that yeah my attorney is my stress like I said it doesn't matter what question I asked I get a threat in response
I have already went to a attorney online to apply for social security I'm 6 months into it and can I go and get a different attorney or someone else because I asked this attorney any questions all I get is threats but you need to do this or you'll be disqualified but my questions don't get answered
But waiting for a decision can be devastating to I can't work I can barely walk I mean I can't get nowhere I don't have a car I don't have a house I don't I'm in the car in the street and I've already spent six months in the street eating out of trash cans what the hell am I supposed to do who do I go to to get help