Social Security Disability FAQ

WHAT ARE SOCIAL SECURITY DISABILITYSocial Security Disability benefits is the process itself.
BENEFITS?Those who apply are often made to feel like they are
Social Security Disability is a benefit received from theasking for something that they do not deserve, and
Social Security Administration by disabled workers andnothing could be further from the truth. Social Security
in some cases their dependents, similar to thoseDisability is not a welfare program; these benefits are
received by retired workers.paid for by you and were intended to act as a financial
WHO QUALIFIES?buffer in case you or a family member became
To receive benefits under the Social Security Disabilityseriously ill or injured. Therefore if you are unable to
program, you must have a physical or mental healthwork, but you have been denied benefits, you should
problem (or a combination of problems) severe enoughappeal.
to keep you from working in any regular paying job forDO I NEED AN ATTORNEY?
at least one year. The test isn't whether or not youYou have the right to have an Attorney represent you
are able to go back to your old job, and the test isn'tin your Social Security Disability case. Statistics have
whether or not you have been able to find a job lately.shown that claimants represented by Attorneys have
Rather, the test is whether you are capable of doingbeen much more successful than people without
any job available in the national economy. By using anrepresentation. You should seriously consider the
extensive set of regulations, the Social Securityadvantages of having an Attorny represent you by
Administration takes into account your medicalexamining what an Attorney would do in your Social
condition, your age, your abilities, your training and yourSecurity Disability case.
work experience in deciding your case.WHAT WOULD MY ATTORNEY DO TO
WHAT HAPPENS IF I QUALIFY FOR SOCIALREPRESENT ME IN MY SOCIAL SECURITY
SECURITY DISABILITY BENEFITS?DISABILITY CASE?
If you are found eligible for Social Security DisabilityEvery case is different. Your Attorney's role depends
benefits, you will get paid retroactive benefits beginningon the particular facts of your case. However, a few
5 full months after you become disabled, but only for aof the things an Attorney may do are:
maximum of 12 months before you applied for- Gather medical and other evidence
benefits. (Please see below for additional information- Analyze your case under Social Security Regulations
on duration and amount.)- Contact your doctor and explain Social Security
HOW MUCH MONEY WILL I RECEIVE IF I QUALIFYRegulations to obtain a report consistent with those
FOR SOCIAL SECURITY DISABILITY BENEFITS?regulations
A disabled claimant will receive the same monthly- Obtain documents from your Social Security Disability
benefit that he would receive had he retired at fullfile
retirement age (65 years old or more depending on- Ask that a prior application for benefits be reopened
age). The sum of money received will depend on one's- Advise you how to best prepare yourself to testify
previous work record.at your hearing
HOW LONG WILL I BE ABLE TO RECEIVE SOCIAL- Protect your right to a fair hearing by objecting to
SECURITY DISABILITY BENEFITS?improper evidence and procedures
You will receive Social Security Disability benefits as- If you win, make sure that the Social Security
long as you remain disabled and unable to work. YourAdministration correctly calculates your benefits
benefits will not run out because you did not contribute- If you lose, request review of the hearing decision by
enough into the Social Security system.the Social Security Administration's Appeals Council
WHEN SHOULD I APPLY FOR SOCIAL SECURITY- If necessary, represent you in a Federal Court
DISABILITY BENEFITS?review of your case
You should apply for Social Security Disability benefitsHOW MUCH DOES IT COST TO HIRE AN
as soon as possible after you become disabled andATTORNEY?
unable to work. You do not need to wait 12 months toMost Attorneys who handle Social Security Disability
apply, your disability need only be expected to last forcases will accept them on a contingent fee basis of
at least one year or will result in death.25% of past-due benefit or $5,300 whichever is less.
HOW DO I APPLY FOR SOCIAL SECURITYThat is, there is no fee if you lose, although you will be
DISABILITY BENEFITS?obligated to pay any out-of-pocket expenses incurred
You can fill out an application for Social Securityby the Attorny in your representation. Such expenses
Disability benefits at the local Social Security officeusually involve charges for photocopying and
nearest to your home or by telephone. The addresspayments to doctors and hospitals for medical records
and telephone number of your local Social Securityand reports, and other miscellaneous charges. Total
office can be obtained by calling 1-800-772-1213. Whenexpenses usually are less than $100.
applying you should be prepared to give SocialWHEN SHOULD I CONTACT AN ATTORNEY?
Security a list with the names, addresses and phoneAs soon as possible, preferably as soon as your inital
numbers of all the doctors, hospitals or clinics whoapplication is denied. An Attorney will then be able to
have treated you for your condition. You should alsostart assisting you in determining if you are disabled, as
bring a list of where you have worked in the past 15that term is defined by the Social Security Act. You will
years.then be able to decide whether or not you want to
You will also need to provide Social Security with anpursue the first appeal stage--Reconsideration; and
original or certified copy of your birth certificate, youryour Attorney can begin developing ways to prove to
last earnings documents (W-2, last pay stub, statementthe Social Security Administration that you are disabled.
of your employer, etc.) and copies (keep the originals)Attorneys in Social Security Disability cases do much
of any medical records you may be able to obtain.more than sit in at a hearing and ask a few questions.
Please note, however, that you should not delay filingMuch pre-hearing preparation, analysis and evidence
for benefits if all documents are not immediatelygathering go into adequate representation for your
available.case. For this reason you should not wait until a week
WHAT DO I DO IF I AM DENIED BENEFITS?or two before your hearing to contact an Attorney.
Appeal! Many disabled people become disheartenedThe earlier an Attorney is able to start working on
and frustrated after they receive a disability benefitsyour case, the better your chances of winning.
denial notice and do not appeal. This is often a mistake.Please note that not all Attorneys practice before the
Nationally, about 75% of all applicants are denied intiallySocial Security Administration. You will do best to find
and about 90% are denied at the first appealan Attorney familiar with the complex Social Security
stage--Reconsideration. But many of these peopleDisability regulations and the somewhat unusual Social
ultimately receive their benefits, nationally about 70%.Security Disability procedures.
What may be most frustrating about applying for