Frequently Asked Questions

We provide personalized attention to each of our clients to help navigate this complicated administrative law system. In a perfect world no one would need a lawyer to obtain benefits, but in reality, many people are wrongfully denied and need legal help.

 

WHAT WILL YOU DO FOR ME?

We will help you determine what benefits you are eligible for and whether you are likely to be considered "disabled" under Social Security rules and regulations.

Our understanding of Social Security law and the entitlement process will enable us to obtain benefits for you. We have a high success rate in obtaining benefits for disabled clients. We can help you cut through the red tape to get your benefits approved quickly.

We help you put together the paper work that is required by the Social Security Administration quickly and correctly.

Our office will put together all the information needed by the Social Security Administration to rule on your claim. Individuals seeking benefits on their own often do not give the Social Security Administration sufficient information.

If necessary, We will arrange for additional medical exams or vocational evaluations.

We will work directly with your medical doctors. We will obtain, from your medical providers, copies of your records and request individualized reports that address your functional limitations and your disabilities.

Dealing with the Social Security Administration can be frustrating. We speak on the Claimant's behalf and give the Social Security Administration the information it needs.

If denied on reconsideration, We will request a hearing before an Administrative Law Judge on your behalf. We will then begin to prepare your case for the hearing. We will represent you at your hearing, present evidence on your behalf and question any expert witnesses who are called to testify.

Often, We can re-open old applications for benefits that you were wrongfully denied. It is very possible that you may be entitled to a large lump sum payment of past due benefits. We will also review Social Security's benefit calculations to insure that you are paid what you deserve.

If necessary we will appeal your case through all administrative levels of appeal, even to Federal Court.

WHAT KINDS OF BENEFITS ARE THERE?

There are several kinds of disability benefits for which a person can be eligible. Depending on the facts, you may be entitled to one or more of these benefits. Medical listings are the same for all categories; the non-medical requirements are different for each category.

A. Disability Insurance Benefits (SSDI)
You are only eligible for these benefits if you have paid a certain amount of Social Security tax over a period of time(enough to have disability insurance coverage in force). In other words, you must have worked and paid Social Security tax for approximately five out of the last ten years before you became totally disabled. There is a different, easier rule for people whose disability began before age 30. Everyone must prove that he or she became disabled while disability insurance coverage was in force or they are not entitled to benefits, regardless of how serious the medical condition is now. If your SSDI claim is approved, the monthly payment you will receive is set by your earnings (and Social Security tax payments) during your working career. There is no minimum rate, and the maximum a person can receive at this time is over $1,300 per month. There is a cost-of-living raise in the monthly payment at the start of most years. In many cases, your dependent children will also get benefits in addition to your own.

B. Supplemental Security Income (SSI)
SSI can be paid whether or not a person has paid enough Social Security tax to get disability insurance benefits. You must be disabled under the same rules as for disability insurance, be blind, or be over 65. You must also have very little income or property because this benefit is based on financial need. Social Security looks at all other income and property in the household you live in, not just your own, and also the value of any support (ie: free room and board) you may get from others, to determine whether you are financially eligible for SSI. Social Security does this in addition to deciding if you are disabled. Also, some children 18 or younger with a severe disability can get a monthly benefit if their family income is low enough.

C. Disabled Widow/Widower Benefits (DWB)
This is a special disability benefit for certain widows and widowers, based on the Social Security tax paid by his or her deceased spouse. In order to qualify, you must be between the ages of 50 and 60, and have been married for at least 10 years to the person who was covered under Social Security at the time of his or her death. Also, you must have proof that your disability was severe enough to meet these rules within seven years of your spouse's death, with some exceptions for those already receiving other kinds of Social Security Benefits. If you are awarded DWB benefits, your monthly rate is determined by your spouse's income and Social Security tax payments. However, a surviving spouse's pension can usually be paid at the age of 60, regardless of any disability.

D. Disabled Adult Child Benefits (DAC)
In order to be eligible, you must be a child of a person already receiving Disability Insurance Benefits or Retirement Benefits, or who died while covered by Social Security. You must be at least 19 years old, and you must prove your total disability began before the month you turned age 22, and is continuing. The monthly benefit rate is based on a percentage of your parent's rate. Therefore, it is different in each particular case.

WHY SHOULD I APPLY FOR BENEFITS?

Entitlement to Social Security Disability allows you to receive monthly disability benefit checks for you and your family.

In most cases, you will also receive a large lump sum payment for back benefits owed to you.

You become eligible for Medicare after two years of entitlement to disability benefits.

Entitlement to Social Security disability within your period of coverage under a COBRA insurance plan will extend your COBRA entitlement.

Your Social Security Retirement and Survivor's benefits are protected because any year within a period of approved disability will be excluded when your benefit payment is calculated.

Even if you are getting workers' compensation and/or long-term disability (LTD) benefits, your total present income may increase and you may be entitled to hundreds or thousands of dollars in back benefits.

Even though many group LTD policies offset other disability benefits, most policies do not offset Social Security's annual cost of living increases. In addition, some policies only offset your individual benefits and not your family's, and many policies have a minimum benefit payment that is not offset.

Your Social Security payments may be tax free depending on your other income, whereas, many times, your LTD benefits are taxable income.

Does Social Security distinguish between mental and physical limitations?

Many LTD policies limit benefits to 24 months or less, if your disability is due to mental health problems. Social Security, however, does not distinguish between mental and physical limitations.

Can I try to return to work after I am awarded Social Security Disability benefits?

Yes, the regulations encourage attempts to work. Under some circumstances attempts to work are permitted while you continue to receive benefits. Social Security allows a trial work period, which allows you to attempt to return to work and receive disability benefits as well. If you are not successful in your attempt to work, your Social Security benefits may not be interrupted.

Can I receive disability if I am able to work in the future?

Yes, if you are not able to work for 12 months or more.

Is my age taken into consideration in determining whether I am disabled?

Yes, there are separate rules for different ages.

Is my education taken into consideration in determining whether I am disabled?

Yes, there are separate rules for different levels of education.

Is my past work taken into consideration in determining whether I am disabled?

Yes, there are separate rules about different work experiences.

Are my physical limitations taken into consideration in determining whether I am disabled?

Yes, there are separate rules for different levels of physical limitations.

Are my mental limitations taken into consideration in determining whether I am disabled?

Yes, there are separate rules for different levels of mental limitations.

     
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