| WHAT ARE SOCIAL SECURITY DISABILITY
| |
| | Social Security Disability benefits is
|
| BENEFITS?Social Security Disability is a
| |
| | the process itself. Those who apply are
|
| benefit received from the Social Security
| |
| | often made to feel like they are asking
|
| Administration by disabled workers and in
| |
| | for something that they do not deserve,
|
| some cases their dependents, similar to
| |
| | and nothing could be further from the
|
| those received by retired workers.WHO
| |
| | truth. Social Security Disability is not
|
| QUALIFIES?To receive benefits under the
| |
| | a welfare program; these benefits are
|
| Social Security Disability program, you
| |
| | paid for by you and were intended to act
|
| must have a physical or mental health
| |
| | as a financial buffer in case you or a
|
| problem (or a combination of problems)
| |
| | family member became seriously ill or
|
| severe enough to keep you from working in
| |
| | injured. Therefore if you are unable to
|
| any regular paying job for at least one
| |
| | work, but you have been denied benefits,
|
| year. The test isn't whether or not you
| |
| | you should appeal.DO I NEED AN
|
| are able to go back to your old job, and
| |
| | ATTORNEY?You have the right to have an
|
| the test isn't whether or not you have
| |
| | Attorney represent you in your Social
|
| been able to find a job lately. Rather,
| |
| | Security Disability case. Statistics
|
| the test is whether you are capable of
| |
| | have shown that claimants represented by
|
| doing any job available in the national
| |
| | Attorneys have been much more successful
|
| economy. By using an extensive set of
| |
| | than people without representation. You
|
| regulations, the Social Security
| |
| | should seriously consider the advantages
|
| Administration takes into account your
| |
| | of having an Attorny represent you by
|
| medical condition, your age, your
| |
| | examining what an Attorney would do in
|
| abilities, your training and your work
| |
| | your Social Security Disability case.WHAT
|
| experience in deciding your case.WHAT
| |
| | WOULD MY ATTORNEY DO TO REPRESENT ME IN
|
| HAPPENS IF I QUALIFY FOR SOCIAL SECURITY
| |
| | MY SOCIAL SECURITY DISABILITY CASE?Every
|
| DISABILITY BENEFITS?If you are found
| |
| | case is different. Your Attorney's role
|
| eligible for Social Security Disability
| |
| | depends on the particular facts of your
|
| benefits, you will get paid retroactive
| |
| | case. However, a few of the things an
|
| benefits beginning 5 full months after
| |
| | Attorney may do are:Gather medical and
|
| you become disabled, but only for a
| |
| | other evidenceAnalyze your case under
|
| maximum of 12 months before you applied
| |
| | Social Security RegulationsContact your
|
| for benefits. (Please see below for
| |
| | doctor and explain Social Security
|
| additional information on duration and
| |
| | Regulations to obtain a report consistent
|
| amount.)HOW MUCH MONEY WILL I RECEIVE IF
| |
| | with those regulationsObtain documents
|
| I QUALIFY FOR SOCIAL SECURITY DISABILITY
| |
| | from your Social Security Disability
|
| BENEFITS?A disabled claimant will receive
| |
| | fileAsk that a prior application for
|
| the same monthly benefit that he would
| |
| | benefits be reopenedAdvise you how to
|
| receive had he retired at full retirement
| |
| | best prepare yourself to testify at your
|
| age (65 years old or more depending on
| |
| | hearingProtect your right to a fair
|
| age). The sum of money received will
| |
| | hearing by objecting to improper evidence
|
| depend on one's previous work record.HOW
| |
| | and proceduresIf you win, make sure that
|
| LONG WILL I BE ABLE TO RECEIVE SOCIAL
| |
| | the Social Security Administration
|
| SECURITY DISABILITY BENEFITS?You will
| |
| | correctly calculates your benefitsIf you
|
| receive Social Security Disability
| |
| | lose, request review of the hearing
|
| benefits as long as you remain disabled
| |
| | decision by the Social Security
|
| and unable to work. Your benefits will
| |
| | Administration's Appeals CouncilIf
|
| not run out because you did not
| |
| | necessary, represent you in a Federal
|
| contribute enough into the Social
| |
| | Court review of your caseHOW MUCH DOES IT
|
| Security system.WHEN SHOULD I APPLY FOR
| |
| | COST TO HIRE AN ATTORNEY?Most Attorneys
|
| SOCIAL SECURITY DISABILITY BENEFITS?You
| |
| | who handle Social Security Disability
|
| should apply for Social Security
| |
| | cases will accept them on a contingent
|
| Disability benefits as soon as possible
| |
| | fee basis of 25% of past-due benefit or
|
| after you become disabled and unable to
| |
| | $5,300 whichever is less. That is, there
|
| work. You do not need to wait 12 months
| |
| | is no fee if you lose, although you will
|
| to apply, your disability need only be
| |
| | be obligated to pay any out-of-pocket
|
| expected to last for at least one year or
| |
| | expenses incurred by the Attorny in your
|
| will result in death.HOW DO I APPLY FOR
| |
| | representation. Such expenses usually
|
| SOCIAL SECURITY DISABILITY BENEFITS?You
| |
| | involve charges for photocopying and
|
| can fill out an application for Social
| |
| | payments to doctors and hospitals for
|
| Security Disability benefits at the local
| |
| | medical records and reports, and other
|
| Social Security office nearest to your
| |
| | miscellaneous charges. Total expenses
|
| home or by telephone. The address and
| |
| | usually are less than $100.WHEN SHOULD I
|
| telephone number of your local Social
| |
| | CONTACT AN ATTORNEY?As soon as possible,
|
| Security office can be obtained by
| |
| | preferably as soon as your inital
|
| calling 1-800-772-1213. When applying
| |
| | application is denied. An Attorney will
|
| you should be prepared to give Social
| |
| | then be able to start assisting you in
|
| Security a list with the names, addresses
| |
| | determining if you are disabled, as that
|
| and phone numbers of all the doctors,
| |
| | term is defined by the Social Security
|
| hospitals or clinics who have treated you
| |
| | Act. You will then be able to decide
|
| for your condition. You should also
| |
| | whether or not you want to pursue the
|
| bring a list of where you have worked in
| |
| | first appeal stage--Reconsideration; and
|
| the past 15 years.You will also need to
| |
| | your Attorney can begin developing ways
|
| provide Social Security with an original
| |
| | to prove to the Social Security
|
| or certified copy of your birth
| |
| | Administration that you are
|
| certificate, your last earnings documents
| |
| | disabled.Attorneys in Social Security
|
| (W-2, last pay stub, statement of your
| |
| | Disability cases do much more than sit in
|
| employer, etc.) and copies (keep the
| |
| | at a hearing and ask a few questions.
|
| originals) of any medical records you may
| |
| | Much pre-hearing preparation, analysis
|
| be able to obtain.Please note, however,
| |
| | and evidence gathering go into adequate
|
| that you should not delay filing for
| |
| | representation for your case. For this
|
| benefits if all documents are not
| |
| | reason you should not wait until a week
|
| immediately available.WHAT DO I DO IF I
| |
| | or two before your hearing to contact an
|
| AM DENIED BENEFITS?Appeal! Many disabled
| |
| | Attorney. The earlier an Attorney is
|
| people become disheartened and frustrated
| |
| | able to start working on your case, the
|
| after they receive a disability benefits
| |
| | better your chances of winning.Please
|
| denial notice and do not appeal. This is
| |
| | note that not all Attorneys practice
|
| often a mistake. Nationally, about 75%
| |
| | before the Social Security
|
| of all applicants are denied intially and
| |
| | Administration. You will do best to find
|
| about 90% are denied at the first appeal
| |
| | an Attorney familiar with the complex
|
| stage--Reconsideration. But many of
| |
| | Social Security Disability regulations
|
| these people ultimately receive their
| |
| | and the somewhat unusual Social Security
|
| benefits, nationally about 70%.What may
| |
| | Disability procedures.
|
| be most frustrating about applying for
| |
| |
|
