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