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- Attorney Fee Cap for Social Security Disability Claims Increases
Beginning November 30, 2024, the maximum amount an attorney can charge under the SSA fee agreement is $9,200.00. After this date, all claims that are approved and have a proper fee agreement will be capped at $9,200.00 regardless of when the claim was filed. Beginning January 2026, attorney fee caps will be evaluated annually and increase as appropriate with the Cost of Living Adjustment (COLA).
- Cost of Living (COLA) Increase for 2025
This morning, October 10, 2024, the Social Security Administration announced a 2.5% COLA increase for 2025. Also, the maximum SSI payments for an individual will rise to $967.00 a month. Maximum monthly income (SGA) will rise to $1,620.00 a month. If you make more than $1,620.00 a month pre-tax, you do not financially qualify for Social Security disability benefits. Maximum monthly income after being approved for SSD will rise to $1,160.00 before a Trial Work Period is triggered.
- 2024 COLA updates
For the 2024 Cost of Living Adjustment, those on Disability will see an increase of 3.2%. For those looking to file for Disability benefits, the maximum monthly income before taxes will be $1,550.00. This is the maximum one can earn on the job per month and still be below the SGA threshold for Step 1 of the determination process. If you are making more per month than $1,550.00 pre-tax (Gross), you do not qualify for disability benefits, even if your medical condition is severe. For those already receiving Disability benefits (SSDI), the monthly amount that will trigger a Trial Work Period (TWP) will be $1,1100.00 per month. This means that if you are working and receiving SSDI benefits if you make more than $1,110.00 per month before taxes, that amount of income will put you into a period where you can work and still receive benefits for a limited period of time before your SSDI benefits will be stopped. It is important to make sure you understand this before you decide if working and receiving disability benefits is appropriate for your situation. The maximum monthly SSI benefit will rise to $943.00 per individual person. The Government plans on continuing to reduce the SSI benefits for housing and food if you are not responsible for paying for your food and/or housing. The decrease for SSI recipients living with others who are supporting the disabled person will be $311.00 per month. Those who wish to work while receiving SSI benefits will have further reductions of their monthly check and must follow all the requirements or risk having a significant overpayment that will have to be paid back to Social Security.
- "Understanding the Social Security Disability Approval Process: Why Persistence is Key"
Are you worried about your chances of getting approved for Social Security Disability benefits? The approval rates might seem discouraging, but it's crucial to understand the process and why persistence is key. Three Key Stages of Applying Initial Application: This is your first shot at getting benefits. Currently, around 37% of initial applications get approved. While this might seem low, remember that many applications are incomplete or don't have sufficient medical support. Reconsideration: Denied initially? Don't despair! Requesting a reconsideration gives you a second chance. While only about 15% of reconsiderations are successful, this step is often where people win their cases with stronger evidence or by addressing errors in their initial application. Hearing: Reconsideration denied? It's all part of the endurance race. If you have gotten this far, request a hearing before an ALJ. This step is where you finally get to talk to someone about your medical issues and how they impact your life. Each ALJ has a specific percentage of awards vs denials. The range is significant, from about 28% to 91%. Only after a case is assigned to a Judge can you determine the approval rate for your specific hearing. The average approval rate is around 54% across the country. Why the Low Approval Rates? Strict Criteria: Social Security Disability has very specific definitions of what qualifies as a disability. You must prove you cannot work ANY job, not just your previous job. Incomplete Applications: Many people apply without a complete understanding of the requirements or without enough medical evidence to support their claim. What Can You Do to Improve Your Odds? Get Organized: Gather extensive medical records, work history details, and any documentation about your limitations. Consult Experts: An experienced Social Security Disability lawyer or advocate can be invaluable in guiding you. Be Persistent: Don't give up after an initial denial! Often, success comes after reconsideration or even later stages of appeal. Important Note: Approval rates are just statistics. Your case and the quality of your application matter most. Having the right attorney on your side also greatly improves your odds of getting benefits. Having the right attorney at any point in the process can greatly improve your odds of getting benefits. At ManleyReynolds, we do everything possible to get your monthly benefits quickly.
- Updated Social Security Disability Wait Times: Strategies for Success
Applying for Social Security Disability benefits takes time. Knowing the latest wait times can help you plan accordingly and manage expectations. Here's the current situation: Initial Applications: It typically takes about 7 months to receive a decision on your first application. Reconsiderations: If your initial application is denied, the appeals process adds an average wait of about 6 months. Hearings: Depending on where you live and the judge assigned to your case, the time to get to a hearing is often over a year from the initial application date. Key Takeaways: Preparation is Key: Understanding the process and typical wait times allows you to make informed decisions and plan your finances during this period. Build a Strong Case: The stronger your initial application, with solid medical evidence and clear documentation, the smoother the process might be. Proactive Approach Works Best: Gather medical records and consult a Social Security Disability lawyer or advocate for guidance. What can you do? Apply Even with the Wait: If you're truly disabled and unable to work, don't hesitate to apply. The benefits are well worth it for those who qualify. Stay Organized: Keep your documentation in order and update it with any new medical information. Seek Support: Disability advocates and lawyers can help you navigate the system and make the process less overwhelming. Remember: While wait times exist, getting your application started early and taking the right steps can increase your chances of a successful outcome. Are you currently navigating the Social Security Disability process or just starting to gather information for filing a claim? ManleyReynolds is here and ready to answer any questions and help you decide your best course of action, which may not be filing a claim right away; as well as step in and represent you if you are ready to file or have already filed. Give us a call at 833-438-7734. If you would prefer to text us for a callback, our text number is also 833-438-7734.
- Is Everything I say Confidential?
Everything you discuss with your attorney is confidential. However, some of the information you give to the attorney will necessarily be stated to the Social Security Administration in an effort to get you your benefits. The Social Security Administration keeps everything about you confidential. They will not even talk to an attorney about your claim until the proper paperwork is submitted, signed by you requesting that the Administration talk to the attorney about your case. When you go to a hearing before the Administrative Law Judge, only the people that are necessary to your claim are in the room. Those people are you, your attorney, the Judge, the Judge’s clerk and the vocational witness will be on the phone. All of these people are also keeping everything you say confidential. No one else is allowed in the room unless you are specifically requesting the person to be in the room.
- Denied? No worries, this is all part of the process
Many of our claimants come to us after they have been denied before a Judge, sometimes with a representative and sometimes without. At this point, it is difficult to reverse the Judge’s decision. However, it can be done. We will need a copy of the unfavorable decision immediately as we must file the necessary paperwork within 60 days of the date on the decision. If you have been denied on the application or reconsideration, we can help. However, just like the Judge decision, there are only 60 days to file the necessary paperwork to continue the claim. If you have been denied after the request for review of the judge's decision, the SSA is officially out of the claim. If you are still looking to appeal at this point, you have 60 days from the decision of the Appeals Council to file a lawsuit in the United States District Court against the Commissioner. If you are past the deadlines at any of the above points, we can review your situation and tell you the best course of action in order to have the best chance of succeeding when the claim is refiled.
- Help with SSA Paperwork
There is a lot of paperwork that has to be completed when you apply for benefits. There is the initial application that has to be filled out. This form is several pages that must be filled out and submitted to start the claim process. Once the claim is started, both the Social Security Administration (SSA) and Disability Determination Services (DDS) will send out other forms, including a function report, a third party function report, a work history report, a seizure report, pain reports and more, that also need to be filled out. Failing to fill out ANY of the forms can result in your application being denied. It is also your responsibility to keep both SSA and DDS informed of any changes to your medical condition, changes to your doctors, changes in you work and any other changes that could affect your ability to work. If your initial claim is denied, there is additional paperwork that has to be completed in order to have the claim reconsidered by a new group of people. The paperwork is just as much here as in the initial application. Your responsibilities are the same as in the application process. If the reconsideration is denied, there is STILL more paperwork that has to be filed in order to have a Judge hear your case. At this point, your responsibilities are still the same as in the initial application. Much of the paperwork at any point in the process, is required to be returned within a few short weeks or your claim may be denied for failure to cooperate with SSA. Some of the paperwork will require you to appear for medical exams. If you fail to show up for the medical exams, that may also result in a denial for failure to cooperate with SSA. Any of the paperwork that is not completed can result in a denial of the claim at any point. When you hire our firm for your claim, we make sure that all of the paperwork, at every single step, is properly filled out and turned in on time so that you don’t have to worry about failing to comply with SSA requirements. Also, we make sure that the paperwork is filed as quickly as possible so that you get your benefits as quickly as possible.
- How we stand out
We only take federal social security disability cases. This means we are dedicated only to getting you the benefits you are entitled to. Our attorneys are not distracted by PI cases, auto accident cases, trucks, divorces, criminal matters, or any other type of law. When we agree to take your claim, we will do everything we can to make sure that you are in the best possible position to get your benefits. Our attorneys work with you every step of the way. This means that you talk to your attorney when discussing your case, you get updates on your case from your attorney, you have your attorney answer your questions, your attorney fills out paperwork with you, and your attorney prepares you for your hearing. Our attorneys pride ourselves in having a very high success rate for our claimants. Even if you have applied in the past and gotten denied, we can help you. We have won cases for claimants who have had prior denials, even with a different law firm. If you have been recently denied, call us right away! There are strict time lines to file appeals and filing on time preserves your claim. If a new application has to be filed, that changes what and how much you are entitled to. It is always better to keep a claim alive then to start a new claim if that is possible. When you call, you will talk to a lawyer every time. Once you are a client of ours, you will always talk to the same lawyer each and every time. Your lawyer knows your medical conditions, the facts of your case, and what issues you may face throughout the process. When we receive information on your case, we will let you know and let you know what the next steps are. We make sure all of your questions are answered. We work with you to take the best course of action for you. Many firms wait as long as possible to file the necessary paperwork so that they can maximize the back benefits for their own profit. We do not, we file as quickly as possible as we know that it is your money that is on the line, not ours.
- How do I know I qualify for benefits?
There are two requirements you must meet before applying for any benefits: First: if you are making any money, you must be making less than 1,470.00 a month before taxes, which is the limit set by Social Security for 2023. They call this “substantial gainful activity” or SGA. (If you are blind under Social Security’s rules, the limit for SGA is 2460.00 a month.) If you make less than 1470.00 then Second, you must be unable to work enough to make SGA because of a medically determinable physical or mental impairment that will last longer than a year OR result in death. If you meet both of these requirements, you should contact us to file an application for benefits.