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How can I tell if I am disabled enough to apply for social
security disability benefits?
SSA, makes it easier to be found disabled as you get older. It
becomes easier for a few people at age 45, for more people at age,
50, for most people at age 55, and even more people at age 60. If
you're over age 65 and you cannot do any job you have done in the
past 15 years, you should definitely apply. If you're over age 50
and have a severe impairment that keeps you from doing all but the
easiest fobs, you ought to apply.
But you don't have to be bedridden, even if you're a younger
person. If you're under age 45 or 50 arid you cannot do your past
jobs and you cannot work full time at any regular job, that ought
to be enough.
Nevertheless, being unable to work and being found "disabled" by
the Social Security Administration (SSA) are two different things.
It is often difficult to convince SSA that someone is "disabled"
even when they genuinely cannot work. But it is not impossible.
If you really cannot work, apply for social security disability
benefits. And keep appealing denials at least through the hearing
before an administrative law judge.
How do I apply for Social Security Disability or SSI benefits?
Telephone the Social Security Administration 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 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 or SSI benefits?
As a rule, a person does not need a lawyer's help to file the
application. SSA makes this part very easy and, in fact, it
usually will not let a lawyer (or anyone else) sign the
application for you. After the application is filed, however, a
lawyer's help may make a difference between winning and losing
even at this stage.
What happens if I am denied benefits and I do not appeal within
60 days?
You'll have to start over with a new application - and it may mean
that you'll lose some back benefits. So it's important to appeal
all denials within the 60 days. It's 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?
You can appeal in one of two ways.
-
Telephone the Social Security
Administration and make arrangements for your appeal to be
handled by phone or mail.
-
Go to the social security office
to submit your appeal. If you go to the social security office,
be sure to take along a copy of your denial letter.
Your denial letter will tell you
about appealing. The first appeal is usually a "reconsideration."
But SSA is experimenting in Wisconsin with procedures allowing
some people to skip the reconsidering step. If you're involved in
one of these experiments, your denial letter will tell you that
you can appeal be requesting a hearing. Otherwise, you must
request reconsideration and then, after the reconsideration is
denied, you must request a hearing within 60 days.
What is the biggest mistake people make when trying to get
disability benefits?
Failing to appeal. More than half of the people whose applications
are denied fail to appeal. Many people who are denied on
reconsideration fail to request a hearing.
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
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 case.
Since medical evidence is so important, should I have my doctor
write a letter to the Social Security Administration and should I
gather medical records and send them to SSA?
SSA will gather the medical records, so you don't have to do that.
Whether you should ask your doctor to write a letter is a hard
question. A few people win their cases by having their doctor
write letters. You can try this if you want to. The problem is
that the medical-legal issues are so complicated in most
disability cases that a doctor may inadvertently give the wrong
impression. Thus, obtaining medical records may be something best
left for a lawyer to do.
When should I contact you about representing me?
In the past, we encouraged people to wait until it was time to
request a hearing before contacting us. But things have changed.
The Social Security Administration has put new emphasis on making
the right decision at the early stages. It is also applying the
same legal rules at the earlier stages that used to be applied
only at the hearing stage. This means that a lawyer's help at the
early stages may make a difference.
We recognize that about one-third of those people who apply will
be found disabled even without a lawyers help. We understand that
some people may want to go through the earlier stages by
themselves. On the one hand, if you are successful in handling it
yourself, you will save having to pay attorney's fees. On the
other hand, your case might be one in which an attorney's help
would make the difference. It is up to you whether to contact us
when you first apply or to wait until you are denied; but the
general rule is that it is better to contact us earlier rather
than later.
How much do you charge?
Almost all of our clients prefer a "contingent fee," a fee paid
only if they win. The usual fee is 25% (one-quarter) of back
benefits up to $5,300.00. That is, the fee is one-fourth of those
benefits that build up by the time you are found disabled and
benefits are paid. Although the usual fee will not normally exceed
$5,300.00, if we have to appeal after the first ALJ hearing, our
contract drops the $5,300.00 limit. But under no circumstances do
fees come out of current monthly benefits.
Sometimes at the request of a client, we charge a non-contingent
hourly or per case fee. There are a few cases where the contingent
fee arrangement or the $5,300.00 limit on fees is insufficient to
allow for an adequate fee. In these cases, we use a different
method for calculating the fee.
In addition to the fee, you will be expected to pay the expense of
gathering medical records, obtaining medical opinion letters, etc.
If I have any other questions, will you answer them by
telephone?
Yes. If this memorandum does not answer your questions, please
contact us.
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