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FREQUENTLY ASKED QUESTIONS
SOCIAL SECURITY DISABILITY
1. How can I tell if my disability
is severe enough for me to apply for Social Security Disability benefits?
In order to be eligible for Social Security Disability (SSD) benefits,
you have to have medical or psychological problems that
prevent you from holding down a regular job for at least
twelve months. In most cases, you can be eligible to
receive benefits even if you can work some of
the time but just aren’t able to sustain full
time work. The most common types of disabling impairments
include psychiatric conditions, breathing problems,
heart conditions, arthritic conditions, chronic fatigue
syndrome, fibromyalgia, multiple sclerosis, neurological
conditions, lupus, back, hip or knee conditions, cancer,
HIV/AIDS, vision problems, digestive system impairments,
kidney or liver conditions, traumatic brain injuries,
diabetes, seizure disorders and hepatitis.
2. Why should I apply for Social
Security Disability benefits?
There are many advantages to receiving Social
Security Disability (SSD) benefits. It provides
monthly income for you and your family. In many cases,
you will also receive a lump sum payment for back disability
benefits to which you were entitled. Depending on your
other income, Social Security Disability (SSD) benefits may
be tax-free. Social Security Disability (SSD) benefits increase
every year to keep up with increases in the cost of
living. If you are found eligible for Social Security
Disability (SSD) benefits, you will also
be eligible to receive Medicare coverage beginning twenty-nine
months after you became disabled. Medicare coverage
now includes prescription drug benefits.
3. Should I apply for Social Security
Disability benefits even if I am already receiving workers’ compensation
benefits?
Yes. Even though your Social Security Disability (SSD) benefits will
be reduced by the workers’ compensation benefits
you receive, any auxiliary benefits your family members
receive will not be subject to the offset. In appropriate
cases you will be able to greatly reduce the offset
through a lump sum settlement of future workers’ compensation
benefits. And Social Security Disability (SSD)
eligibility brings with it health insurance coverage
through Medicare after you have completed a waiting
period.
4. Should I apply for Social Security
Disability benefits even if I am already receiving long term disability
benefits?
Yes. Even though many group long term disability
policies offset other disability benefits, most do not
offset Social Security’s cost of living
increases. Also some policies offset only your individual Social
Security Disability (SSD) benefits, not those
received by your family members. Social Security
Disability (SSD) benefits may be tax-free
while in many cases your long term disability benefits are
taxable. And, as mentioned above, Social Security
Disability (SSD) eligibility brings with it health
insurance coverage through Medicare.
5. When should I apply for Social
Security Disability benefits?
You should apply as soon as you become unable to
work. The law only allows a limited period of time for Social
Security Disability (SSD) claims to be filed, so
it is very important to file your claim promptly. A
long delay in filing may reduce the amount of back benefits
you are eligible to receive or even result in disqualifying
you for Social Security Disability (SSD) benefits altogether.
You do not need to wait until you have
been out of work for a full twelve month period before filing. If your
condition is found to be severe enough that it is expected to prevent
you from being able to work for at least that long, this will be sufficient
for you to be found eligible.
6. What can I do to increase the
chance that I will be found eligible for benefits?
You can do two things to increase your chances of
getting benefits. First, because the disability evaluators
in the Social Security system rely greatly on
medical records compiled by medical or psychological
service providers, it is critical that you get the medical
or psychological help you need for your impairments
as soon as you begin to have problems and continue to
get help as long as your problems continue. Records
from this treatment will provide a persuasive summary
of the problems that you have had.
Second, statistics compiled by the Social
Security Administration consistently show that you can greatly increase
your chance of getting benefits by retaining an experienced disability
lawyer to represent you.
Experienced disability lawyers can
help claimants succeed in many ways:
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They
can determine what evidence will be needed in order
to present the strongest possible case;
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They
can collect the necessary evidence from medical and
vocational sources and present that evidence at the
administrative hearing, along with supportive testimony
from witnesses;
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In
appropriate cases, they can submit a legal memorandum
before the administrative hearing is held and secure
an award of benefits without the need for
a hearing;
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They
can thoroughly cross-examine medical and vocational
experts who have been asked by the judge to provide
testimony at the administrative hearing; and
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They
can lay the groundwork to appeal an unfavorable administrative
decision and pursue that appeal through the federal
courts.
7. What should I do if I am denied
benefits?
You should immediately appeal the denial. Don’t
be discouraged. More than sixty percent of those who
apply for Social Security Disability (SSD) are
denied at the initial level, but almost two thirds of
those who are denied at the first level end up receiving benefits through
the administrative or judicial appeal process, often
with the assistance of a disability lawyer. While
you have sixty days to file an appeal, the sooner you
file it, the sooner it will be processed. There is no
advantage to waiting and you may miss the deadline.
8. When should I contact a disability
lawyer?
You should contact an experienced disability
lawyer as soon as you become disabled. The lawyer will
be able to answer any questions you may have and help
you put together a plan to deal with the impact of your
inability to work. He or she will be able to help you
with the complex decisions that are presented by your
potential entitlement to many disability benefit programs
such as workers’ compensation, long term disability
insurance benefits, Social Security Disability (SSD) benefits and
eligibility for other public assistance programs, such
as Supplemental Security Income (SSI) and Aid
to the Permanently and Totally Disabled (APTD).
Being unable to work can be emotionally devastating.
Putting together a disability case plan as early
as possible can help bring a little peace of mind.
In addition, because the Social
Security Administration is applying the same legal rules at earlier
stages in the administrative process than in the past and is implementing
new rules that limit the introduction of evidence just before the administrative
hearing, it is very important that you arrange for a disability lawyer to
represent you early enough to allow for thorough hearing preparation.
The earlier your lawyer is able to start preparing for your hearing,
the better your chances are of winning.
9. Does your office provide a free
initial consultation?
Yes. This consultation can be in our office or over
the phone, as you prefer.
10. Will I have to pay an up front
fee to retain your office?
No. We understand that people who are not able to
work because of a disability seldom have funds
to retain the legal help they need. For that
reason, if you decide to retain us, we will pay all
the expenses that are needed to prepare and present
your case, such as the cost of medical or vocational
experts. Our fees are paid on a contingency basis--you
only pay if we win the case, after you have gotten your
award of back benefits. No fees will be owed
from ongoing monthly benefits once you begin to receive
them. And any fee we charge will be subject to the guidelines
set by the Social Security Administration.
“PERSONAL HELP FROM AN EXPERIENCED DISABILITY
LAWYER”
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