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there is HOPE Social Security Disability - SSI Benefits Call NOW for a free case evaluation (800) 774-1372 (Toll Free)
Frequently Asked Questions A:Under the Social Security Act, "disability" means "inability
to engage in any substantial gainful activity by reason of any
medically determinable physical or mental impairment which can
be expected to result in death or has lasted or can be expected
to last for a continuous period of not less than 12 months." Return to the Top A:There are several ways that a claimant can file a Social Security disability claim: We file initial claims on behalf of our clients. SSI claims cannot be filed online yet. Return to the Top A:You can file for Social Security disability benefits the same day that you become disabled. Many individuals make the mistake of waiting months and even years after becoming disabled before filing a Social Security disability claim. An individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits. Sometimes my clients say that they waited some period of time to apply because they were told by someone that they had to. Contact us if you have questions about applying for benefits.
Return to the Top A:Yes, buy there is an offset, which reduces Social Security disability benefits because of worker's compensation benefits paid, but in virtually all cases, there is still some Social Security disability benefits to be paid. In a few states the offset works the other way - - worker's compensation benefits are reduced because of Social Security disability benefits.
Return to the Top A:Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work which you can do considering your health problems and your age, education, and work experience.
Return to the Top A:If your claim is denied, you must: Return to the Top A:When a claim for Social Security
disability benefits is denied at the initial level, the claimant may then request "reconsideration" of
that decision. The case is then sent to a different disability examiner for
a new decision. Unfortunately, about 80% of the time the reconsideration decision
is the same as the initial decision - a denial. Return to the Top A:The hearings are fairly informal. The only people likely to be there are the judge, a secretary operating a tape recorder, the claimant, the claimant's attorney, and anyone else the claimant has brought with him or her. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is no jury nor are there any spectators at the hearing. There is no attorney at the hearing representing Social Security trying to get the judge to deny the disability claim.
Return to the Top A:Yes. You can appeal to the Appeals Council which is still within Social Security. If the Appeals Council denies the claim, you can file a lawsuit against the Social Security Administration in federal court. The Appeals Council exists to review Administrative Law Judge decisions. The Appeals Council is located in Falls Church, Virginia, and neither the claimant nor the attorney sees the people at the Appeals Council who are working on the case.
Return to the Top A:Yes. After being denied by the Appeals Council, it is possible for a claimant to file a civil action in the United States District Court, requesting review of Social Security's decision. A Social Security disability claim can go all the way to the Supreme Court. Perhaps once every year or two years, the United States Supreme Court actually hears an appeal about a Social Security disability case.
Return to the Top A: A lawyer can help you complete the paperwork necessary to properly document your case. He can gather your medical records and recommend medical tests that Social Security will need in order to approve your case. An attorney can help you prepare for your hearing and make sure that Social Security promptly pays you your back benefits. Return to the Top
FREE CASE EVALUATION
We would like to help you with your Social
Security Disability claim. For a FREE consultation, please
call any of the local numbers above or complete the form
below. One of my clerks will contact you at the time you
indicate to assist you with your case and answer any questions
that you may have. In addition, when you complete the
evaluation form, we will give you our Five Tips for Making Your
Social Security Case Better - FREE OF CHARGE.
Q:What is the definition of disability used by Social Security?
Q:How do I apply for Social Security disability benefits?
Q:How long do I have to wait after becoming disabled before I can file for benefits?
Q:Can I get both worker's compensation and Social Security disability benefits?
Q:How does Social Security determine if I am disabled?
Q:What are the steps in a Social Security appeal?
Of course, you could get benefits at any step of the
appeal process, BUT if you are denied at one step, you must go to the next step in order to keep your case active.
If you fail to appeal at any step within sixty (60) days of a denial, you could have to start your case all over again.
Q:What is Reconsideration?
Q:What is a Social Security hearing like?
Q:If the judge denies my claim, can I appeal?
Q:Can I appeal my case to federal court?
Q: How can a lawyer help me get my disability benefits?