Administration?
In order to qualify for Social Security disability benefits you must have a
physical and/or mental impairment that keeps you from doing any gainful
work for a period of time of at least 12 months duration or result in death.
You must be unable to work at any reasonable job, as determined by the
government, not just the job you had at the onset of your disability.
The Social Security Administration will consider your inability to return to
your present job as well as your age, education and other work experience.
Benefits, known as Title II, if granted, are determined based upon the amount
of Social Security taxes you have paid into the system while working at least 5
years over the previous 10 years period.
How do I apply for disability benefits?
Applications may be made in person at your nearest Social Security
Administration office, by telephone at 1-800-772-1213, or by mail. If the person
disabled is unable to handle their own filing, the application may be completed
by a spouse, relative, friend, or legal guardian.
When you apply be certain to have the following information: your Social
Security number, birth certificate, telephone numbers and addresses of each
doctor and hospital that have treated you for this condition, including dates of
treatment. Also, be able to provide a list of all employers for the past 10-15
years and a description of each kind of work you performed. Any current
worker’s compensation or veteran’s benefits claim information is essential.
What is Supplemental Security Income (SSI)?
Supplemental Security Income (SSI), also known as Title XVI, has the same
requirements as SS disability. However, SSI benefits are based upon financial
need. You may be eligible even if you have never worked or paid taxes into the
system. In some cases, you may be eligible for both SS and SSI benefits. The
Social Security Administration will determine your eligibility.
What happens if my claim is denied?
Unfortunately, most claims are denied at the initial filing. If you believe you
are truly disabled you must file for reconsideration within 60 days. Your denial
letter will set forth the directions for a "Request for Reconsideration."
If you are denied at the reconsideration step, you must file an appeal called "A
Request for Hearing by Administrative Law Judge." This, also, must be filed
within 60 days of the date of the second denial letter.
Our representatives can assist with these filings to assure that they are
complete and accurate.
How do I prepare for the hearing before the Administrative Law Judge?
In the event that your filings are denied, you should contact legal
representation such as provided by the Law Offices of Richard A. Shore.
If your case has merit, our lawyers will represent you before the judge and will
prepare the necessary documents and obtain all evidence needed for you
hearing.
Continuing medical care is an important element in a successful appeal. You
may also be required by the judge to be examined by doctors and other
specialists chosen by the SSA.
The ALJ hearing is rather informal without an attorney on the "other side"
trying to interrogate you. Your lawyer will assist you by pointing out to the
judge the important information of your appeal and protecting your rights
throughout the proceeding. The judge’s decision will be based on your medical
and/or psychiatric records, testimony you give at the hearing and, in some
cases, the testimony of a Vocational Expert or a Medical Advisor.
How much will a lawyer cost?
Our lawyers will not charge a fee or bill you until your case is won. This is
known as a contingency or percentage basis. The ALJ must approve the fee
charged by your lawyer, which is limited to 25% of any back benefits you might
receive and is limited to no more than five thousand three hundred dollars
($5,300). In addition, any "out-of-pocket" expenses paid by your lawyer in
order to prepare your case, such as copy expenses for medical reports, will be
due at the close of your case. No charge will be made against future benefit
payments.
What about disability benefits for a worker’s widow or widower?
When a worker entitled to benefits under Title II dies, the surviving spouse,
age 60 or older, may qualify for survivor benefits. A surviving spouse disabled
at age 50 or older may also be eligible for benefits. The disability must meet
the same standards as discussed previously.
How long will the process of getting disability benefits take?
Due to the number of appeals in the system, you can expect long delays at each
step in the process. Don’t get discouraged. Continue with medical and/or
psychiatric care and provide your legal counsel with information regarding any
changes to you physical condition, address or telephone number. SSA will give
you written instructions at each step with plenty of advance notice if you keep
your address information current.
Once an ALJ hearing has been held for your case, a decision, favorable or
unfavorable will be given in few months (rarely, at the hearing).
