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Do you have questions about Social Security disabily? Below are some frequently asked questions clients often encounter.
I think I am disabled, What Do I Do Now?
I have filed my Social Security disability application, what happens now?
My disability application is complete, what can I expect next?
I can’t believe it, but my Social Security disability claim was denied. Now what?
My Request For Reconsideration was denied. Is there anything else I can do?
What happens at my hearing?
How Can I afford a social security disability attorney?
How should I choose a Social Security Disability Lawyer?
Should I choose a Social Security disability lawyer from my home town or state?
I think I am disabled, What Do I Do Now?
The first, and most important thing, is to apply for Social Security disability benefits. Every day that you wait can result in lost benefits. There are several ways you can start your SSD application:
- You can walk into any Social Security Office and start an application;
- You can apply by phone by calling toll free 1-800-772-1213
- You can even apply online at ssa.gov (a word of caution here – many people have complained of online applications being “lost." Social Security denies this but we have been dealing with the agency long enough to know that they can lose anything.)
I have filed my Social Security disability application, what happens now?
The next step is an in-depth interview with social security personnel. They will ask you to come in to a local office for this to take place. You can, however, do this by telephone if traveling or sitting for hours is difficult for you. Be aware that the social security employee is trained to make notes in the file as to how you are dressed, how you walk, whether you appear to be in pain, etc. The evaluation has already started!
You will also be asked to fill out a number of documents about your education, work history, your disability and your doctors. Be honest and complete but don’t embellish. For example, if you’ve worked construction don’t describe yourself as a construction manager unless you actually had managerial responsibility. It can come back to haunt you.
My disability application is complete, what can I expect next?
Social Security will attempt to obtain your records from your physicians. Social Security will also send you out to see their doctors based upon the aspects of your disability. For the most part, these will be quick, perfunctory exams. Most of the time the doctor won’t even have access to your records. The doctor may make comments to you that lead you to believe he understands that you are disabled. Often, his written report will be far different and not in your favor. Within approximately 90 days you will receive a decision on your claim. More than 65% of all claims are denied at this level. Don’t give up.
I can’t believe it, but my disability claim was denied. Now what?
We appeal. The next step, in most parts of the country is to file a Request for Reconsideration. This must be filed within 60 days of the denial of your application. This is a mandatory step, but don’t get your hopes up…the same agency that denied the application reviews it again at this stage. As you might guess, they typically deny it again.
My Request For Reconsideration was denied. Is there anything else I can do?
Absolutely. Now we request a hearing. For the first time, your case will come out of the state system and will be heard by an administrative law judge, also known as an ALJ. The ALJ is not bound by the earlier decision and will look at the record at the time of the hearing. Your hearing will be held, depending again on where you live, anywhere from 6 to 30 months from the time you request the hearing.
What happens at my hearing?
While you wait for your disability hearing, your disability lawyer will have continued to develop the medical evidence proving disability. He will also have reviewed the social security disability regulations and rulings to formulate his theory of disability. Remember, proving you have a severe impairment is just one step in proving disability. The ALJ will apply the law to your circumstances. Being sick, injured or impaired by itself is not enough. The law in this area is complicated and this is the biggest reason why people with experienced social security disability lawyers have a much higher success rate than do people who go forward on their own.
How Can I afford a social security disability attorney?
Most social security disability attorneys work on a contingency. Basically, this means that you don’t pay the attorney unless your attorney is successful getting an award for back benefits. Disability attorney fees are capped at 25% of the back benefits or $5,300, whichever is less.
How should I choose a Social Security Disability Attorney?
The shore answer is, there is no substitute for experience. You want to make sure that the disability attorney and firm do a lot of this kind of work and don’t just “dabble.” Make sure the SSD attorney is familiar with your particular disability. Make sure they are, in fact, attorneys. Social Security allows non-attorneys to present case. Our view is, if your going to pay the legal fee out of your back benefits, you deserve to have an experienced disability attorney.
Should I choose a Social Security disability lawyer from my home town or state?
Where the social security disability lawyer is located is probably the least important consideration. So long as the lawyer is willing to travel to your hearing, his experience is more important than where he is coming from
Will a Social Security Disability Lawyer representing your case help? Click to contact Berry and Associates legal team to discuss your Social Security disability benefits claim or call 1-800-507-4774.
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