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How can I tell if I am disabled enough to apply for Social Security disability benefits?
Simply put, if you suffer from a physical or emotional condition
that prevents you from working fulltime and are under the age of
65, you may be eligible for Social Security disability benefits.
If your child or dependant suffers from a physical or emotional
condition that is affecting his/her schoolwork or development,
then he/she also may be eligible for Social Security disability
benefits.
SSA makes it easier to be found disabled as
you grow older. It becomes easier for a few people at age 45,
for more people at age 50 and for most people at age 55.
You don't have to be bedridden, even if you're a younger person,
to be eligible for disability benefits. If you're under age 45
and you cannot do your past work or any other work you may still
be eligible for disability benefits despite your youth.
Unfortunately, being unable to work and being
found "disabled" by SSA are two different things. It is often
difficult to convince SSA that someone is "disabled" even when
he/she genuinely cannot work.
But it is not impossible.
If you cannot work, apply for Social Security disability
benefits. If you are turned down, file your appeal immediately
and continue to appeal any subsequent denials until at least the
hearing stage.
How do I apply for Social Security (both
DIB and SSI) disability benefits?
Telephone SSA at 1-800-772-1213. When you call, you will be
given the option of 1) going to the Social Security office to
apply for benefits or 2) having your application taken over the
telephone. If you choose to go to the Social Security office,
the person at the 800 number will schedule an appointment for
you and give you directions to the Social Security office. If
you want to apply by phone, you will be given a date and an
approximate time to expect a phone call from someone at the
Social Security office who will take your application.
Do you have any advice about applying for Social Security
disability benefits?
Yes. Give SSA all the information it asks for in a
straightforward way. Be truthful. Do not exaggerate or minimize
your disability.
Should I contact a lawyer to help me apply for Social
Security disability benefits?
Generally, a person does not need a lawyer's help to file the
initial application for disability benefits. SSA makes that part
very easy. After the application is filed, however, a lawyer's
help may make a difference between winning and losing even at
this early stage.
What happens if I am denied Social Security disability
benefits and I do not appeal within 60 days?
Unless you have a good reason for missing the deadline to
appeal, you will have to start over with a new application --
and it may mean that you will lose some past-due disability
benefits. It is important to appeal all denials within the 60
days allowed. It is better if you appeal right away so that you
get through the bureaucratic denial system faster. The quicker
you can get to the hearing stage the better.
How do I appeal?
There are a number of ways to appeal your denial:
-
Retain us and we will handle
everything.
-
Telephone SSA and make
arrangements for your appeal to be handled by phone or mail.
-
Go to the Social Security
office to submit your appeal. Make sure to take a copy of
your denial letter.
Your denial letter should
briefly detail each of these options.
What is the biggest mistake
people make when trying to get Social Security disability
benefits?
Failing to appeal. More than half the people whose applications
are denied fail to appeal.
Another mistake, although much less common, is made by people
who fail to obtain appropriate medical care. Some people with
long-term chronic medical problems feel that they have not been
helped much by doctors. Thus for the most part, they stop going
in for treatment. This is a mistake for both medical and legal
reasons. First, no one needs good medical care more than those
with chronic medical problems. Second, medical treatment records
provide the most important evidence of disability in a Social
Security disability benefits case.
When should I contact you about representing me?
Generally, we encourage people to wait until their application
has been denied before retaining us.
For some people, however, the
paperwork is just too much to handle on their own and we are
happy to step in at the earliest stages of the process, even
before an actual denial has been handed down.
It is up to you to decide
whether to contact us when you first apply or wait until you are
denied. We will be happy to help in either case.
How much do you charge?
By law the usual attorney fee is 25% of the past-due Social
Security disability benefits you would have received had you
been awarded them at the initial application stage, up to a
maximum of $6,000.00.
It is important to note this
attorney fee is paid by SSA, and only then if we win your case.
It does not come out of your pocket.
Although the usual attorney fee
will not normally exceed $6,000.00, if we have to appeal your
case beyond the administrative process, for example to U.S.
District Court, the law allows attorney fees in excess of the
$6,000.00 limit to reflect the additional work required.
But again, the attorney fee will
still be paid by SSA from your past-due Social Security
disability benefits lump sum, not out of your pocket. Moreover,
under no circumstances do attorney fees ever come out of your
current or future monthly benefits.
You will, however, be expected to pay directly the expenses
generated gathering your medical records, obtaining medical
source opinion letters, etc. SSA will not pay these expenses.
If I have any other questions, will you answer them by
telephone?
Yes, please contact us at your earliest convenience.
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