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Questions to ask SSDI attorney before filing at 61 with neurological condition?

I'm planning to file for SSDI early next year and just scheduled my first consultation with a disability attorney tomorrow. At 61, I've been struggling with progressive neurological issues that my doctor says make continuing work impossible. My neurologist is fully supportive and has promised to back up my application with his medical documentation. I'm completely overwhelmed by the whole SSDI process and have heard so many horror stories about denials and appeals. I've jotted down some questions for the attorney, but I'm sure I'm missing important things to ask. For those who've been through this successfully (or even unsuccessfully), what crucial questions should I be asking this attorney? What potential problems should I be preparing for? Anything specific I should know about applying at my age versus younger applicants? Any red flags I should watch for when evaluating if this attorney is the right fit? Really appreciate any guidance from those who've navigated this maze before.

Sean Flanagan

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Here are some essential questions to ask your attorney: 1. What percentage of your practice focuses specifically on SSDI cases? 2. What is your success rate with clients in my age range (60+)? 3. How will my age affect my application compared to younger applicants? 4. With my neurological condition, what specific medical documentation should I prioritize? 5. Will you handle all communication with SSA or am I expected to manage some aspects? 6. How do you structure your fees? (Should be contingency-based - no win, no fee) 7. If denied initially, what's your specific strategy for the appeals process? 8. How frequently will you provide updates on my case? 9. What specific timeline should I expect from application to decision? 10. Do you have experience with accelerated applications under Compassionate Allowances? At 61, you're actually in a somewhat better position than younger applicants, as SSA recognizes it's harder to transition to new work at your age. Make sure your attorney understands the grid rules that apply to applicants over 60.

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Thank you SO much for this comprehensive list! I had no idea about the "grid rules" for over 60 applicants - will definitely ask about that. I'm also curious about the Compassionate Allowances you mentioned. Is that something that applies to certain neurological conditions? My doctor mentioned something about expedited processing but wasn't specific.

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Zara Mirza

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Been there done that! Got denied twice before winning on appeal. Biggest advice: ask if THEY will help gather your medical records or if that's on you. My first lawyer made ME do all the work collecting records which was a nightmare when I was already sick. Also ask how they handle the ALJ hearing prep - good ones do mock questions with you before. And DEFINTELY ask if they'll handle any overpayment issues that might come up later! Most won't and thats a nasty surprise

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That's really good to know about the medical records! I have doctors at three different hospital systems and some of their record departments are a nightmare to deal with. And I hadn't even thought about overpayment issues - what typically causes those?

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Zara Mirza

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Oh the SSA is FAMOUS for overpayment nightmares! Usually happens if you get approved for benefits going back a while and they mess up the math OR if they think you worked more than allowed during the waiting period. My overpayment was $17k because they said I didnt report some part time work properly even tho I DID report it! Took 8 months to fix and my lawyer was like "not my problem anymore, contract over" 🙄

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NebulaNinja

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I successfully navigated the SSDI process for my neurological condition three years ago. The most important questions I found were: - Ask about their experience with your SPECIFIC neurological condition. Some attorneys specialize in certain disabilities. - Request clear explanation of all potential costs beyond their contingency fee (copying records, travel expenses, medical evaluations) - Ask how they'll handle the 5-month waiting period and 24-month Medicare waiting period - there are strategies to maximize benefits here. - Important to understand their communication style. Will they call? Email? How quickly do they respond to questions? - Ask if they'll help with concurrent SSI application if appropriate for your financial situation. Lastly, don't sign anything during your first meeting. Take their answers home, compare with other attorneys if possible, then decide. A good attorney won't pressure you to sign immediately.

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Luca Russo

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this is great advice! my attorney was awful at communication - would go weeks without responding. make sure to ask about that!!! also ask how many cases they handle at once. mine had like 300+ active cases and basically ignored me until hearing date

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Nia Wilson

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i applied for ssdi last year (im 59) for back problems and the whole thing is a NIGHTMARE. still fighting. make sure u ask if they will go to the hearing with u or if they send some junior person who doesnt know ur case!!! happened to me and we lost because the guy they sent didnt even know what meds i was on!!!!!

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Oh no, that's terrible! I'll definitely ask about who actually shows up for hearings. Hope your situation gets resolved soon.

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Mateo Sanchez

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From my experience helping clients with SSDI applications (I'm not an attorney but work in healthcare advocacy), here are some additional questions you might consider: 1. How will you help me document the specific ways my condition prevents me from performing substantial gainful activity? 2. What strategies do you use to address any gaps in medical treatment history? (Important if you've had periods without insurance or regular care) 3. If I've had multiple diagnoses, how do you approach presenting these as a cohesive case? 4. How do you handle the presentation of good days/bad days with neurological conditions that may fluctuate? 5. Will you help prepare my doctors to complete functional capacity assessments effectively? Also, given your age (61), definitely ask about how the attorney approaches the intersection between SSDI and regular retirement benefits. There are timing considerations that become important as you approach Full Retirement Age.

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These are excellent additions, especially about the fluctuating symptoms - that's exactly my situation. Some days I can function fairly well and others I can barely get out of bed. I've worried that the "good days" would somehow count against me. And I hadn't thought about how this connects to regular retirement benefits. Thank you!

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Aisha Mahmood

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Have you tried calling the SSA directly to ask these questions? I tried for WEEKS to get through to someone at Social Security about my disability application and kept getting disconnected or waiting for hours. I finally found this service called Claimyr that got me connected to a real SSA agent in under 10 minutes. It was honestly a game-changer. They have a video that shows how it works: https://youtu.be/Z-BRbJw3puU I was able to ask all my questions about the SSDI process directly to SSA rather than relying only on my attorney (who wasn't very communicative). The website is claimyr.com if you want to check it out. Much less frustrating than trying to call SSA directly.

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Nia Wilson

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does this actually work??? ive been trying to talk to someone for MONTHS and either cant get thru or get someone who has no idea what theyre talking about!!!

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Aisha Mahmood

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Yes! I was super skeptical too but it worked for me twice now. The second time I got through to someone who actually specialized in disability claims and could answer all my specific questions about medical evidence requirements. It saved me from making some mistakes on my application that might have caused delays.

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Luca Russo

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ask them about there backlog my sisster filed for disability took her 3 YEARS to get approved!!!! they will tell you its faster now but its not dont believe them. ask the laywer how long average case takes RIGHT NOW not what ssa website says. also ask about if u need to bring anyone to hearing with you as a witness my sisters lawyer didnt tell her to bring anyone and the judge asked why nobody came to testify about her limitations

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Sean Flanagan

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This is a good point about witnesses. The current average processing time for initial applications is around 6-8 months, and if denied, appeals can take 12-18 months to reach a hearing. However, this varies significantly by state and local office. Your attorney should have data on current timeframes for your specific location.

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Mateo Sanchez

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One more important thing to ask: Whether they recommend you file for SSI concurrently with your SSDI application. While your work history likely qualifies you for SSDI, depending on your current financial situation, you might also qualify for SSI during the waiting period. Some attorneys automatically file both, others don't unless you specifically request it. Also ask about their approach to the Activities of Daily Living questionnaire - this form can make or break your case. A good attorney will help you complete it accurately without accidentally undermining your claim.

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NebulaNinja

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Excellent point about the Activities of Daily Living questionnaire. So many applicants hurt their cases by not understanding how to properly document their limitations. For example, if you say you can "prepare meals" without specifying that you can only make a sandwich before needing to rest for an hour, SSA might assume you can stand and cook full meals without limitation. The same applies to household chores, shopping, and personal care. Be specific about limitations, assistance needed, and recovery time required after activities.

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Zara Mirza

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One more thing! Ask them what happens if you get denied and THEY want to drop your case. My friend had a lawyer who dumped her after the first denial because her case "wasn't strong enough" and she had to start all over with a new attorney. Get that policy in writing!

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Oh wow, I hadn't even considered that possibility. Definitely adding that to my list of questions. This whole process is even more complicated than I imagined.

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