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Frequently asked questions about
Social
Security Disability Claims;
What is the Social Security
hearing like? The hearings are fairly informal. The only people
likely to be there are the judge, a court reporter, you and your
representative. In some cases, the Administrative Law Judge has a medical
doctor or vocational expert present to testify at the hearing. There
is no jury, no spectators and no attorney for Social Security.
What is the definition of
disability used by Social Security? The "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."
How long after becoming disabled
do I wait to file for benefits? You can file the same day you
become disabled.
Do I have to wait until I don't
have any money in the bank before I can apply for Social Security
disability benefits? No. There is no reason to wait to file the claim.
Can I file for Social Security
disability while on sick leave from my employer? Yes.
Do you have to be permanently
disabled to get Social Security disability benefits? No. You
have to be disabled or expected to be disabled for at least a year
or have a condition that is expected to result in death.
How do I apply for disability
benefits? Go to your local Social Security
office and apply in person. Be prepared to wait several hours before
you actually meet with a claims representative who will take your
application. You can also apply online and over the telephone.
What factors does Social
Security consider when deciding whether or not I am disabled?
They consider your age, your education, your work
experience and your medical conditions. You will have to prove you
cannot do any of the work you've done in the past fifteen years or
any other work that exists in significant numbers in the nation's
economy.
What do I do if Social Security
denies my claim for disability benefits? Only about 40% of
claims are approved at the initial level. Unless you have already
returned to work, you should file an appeal.
Do I have to have a lawyer to
represent me in my disability claim? No. You can represent
yourself, but statistics show that claimants who are represented are
more likely to win their cases than those who are not.
When should I
hire a lawyer? Any time during the process. Do not
wait until a hearing is scheduled.
How is a lawyer
paid? In most cases, most lawyers charge a contingent fee
which is the lesser of $5300 or 25% percent of your back benefits. A
contingent fee means that if your claim is denied, no attorney's
fees are owed. Any attorney fee in a Social Security case must be
approved by the Social Security Administration.
How long will
it take for my claim to be decided? That is a difficult question
to answer. You can expect that, if you have to go to a hearing,
your case will take about a year and half from when you first apply
to be resolved. Sometimes the wait is longer; sometimes shorter.
Most of the reasons why cases take so long to be decided have
nothing to do with you or your attorney. They have everything to do
with Social Security's workload and the inefficiency of a large
bureaucracy.
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