Social Security Questions
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When you come for a Social Security appointment, please bring:
1. Current and past Social Security denials
2. Medication
3. Social Security Earnings Statement (mailed to you each year around your birthday)
4. Names and addresses of the doctors you see
5. Calendar where you record doctor visits
6. Intake form, if we have mailed one to you |
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| Over 95% Success Rate Over 2000 Social Security Cases Handled
Combined 37 Years of Attorney Experience |
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Social Security Disability
If you are have applied for Social Security Disability, Supplemental Security Income, or Widow’s Benefits because of a physical or emotional condition, and have been turned down, we can help. Please contact us to set up an appointment to discuss your case and help you through the process.
COMMON SOCIAL SECURITY QUESTIONS
- Who can apply for disability benefits at the Social Security Office?
- How I apply for disability benefits?
- When can I, and should I, apply for help from Social Security?
- I am still working, can I apply for disability?
- Should I talk to my doctor before I apply for disability?
- What is the difference between Social Security Disability and Supplemental Security Income Disability?
- How long will it take to get my disability?
- What if I am getting unemployment, workers’ compensation, or disability benefits from my employer?
- How can my family and I survive if I am not working?
- Can I get disability and retirement?
- I applied for disability and I was denied with a long letter, of many pages, telling me why I didn’t qualify. Is there any reason I should appeal?
- I was sick and I think I waited too long to appeal. What should I do?
- Do I need help to get Social Security Disability?
- If I am going to hire a representative, why should I hire an attorney, aren’t they more expensive?
- What will representation cost?
- How far back can my disability payments go?
- What if I had a prior application?
- Do I have to pay money to an attorney or representative up front? What if they don’t win?
- Are there other expenses involved in getting disability benefits?
- What is a Social Security hearing and is it like going to court?
- Why should I hire your firm?
- What if I am able to go back to work?
- What if I cannot pay for medical care?
QUESTION: Who can apply for disability benefits at the Social Security Office?
ANSWER: Anyone who is not able to work because of an accident, injury or medical condition and is going to be out of work for at least a year because of that medical problem can apply for disability benefits at the Social Security Office.
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QUESTION: How I apply for disability benefits?
ANSWER: Though you can obtain paper applications, the best way is to contact a District Office of the Social Security Administration and talk directly to a government official who can take your application. The application itself can be taken over the phone, but because of complications of types of disability, earnings, and work experience it is always best to have the initial application process done in person. To find the closest District Office, or satellite District Office, you can call the Social Security toll free number 1-800-772-1213.
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QUESTION: When can I, and should I, apply for help from Social Security?
ANSWER: If you are not working, and not able to work, and it looks like it is going to be a long time before you can go back to work again, you should contact the Social Security Office nearest you. Some people believe that you have to have been “out a year” in order to apply. That is not correct. Once you have stopped work because of your medical problem you should make your application.
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QUESTION: I am still working, can I apply for disability?
ANSWER: The Social Security Act provides several types of disability benefits. However none of them are for “partial” disability. In most cases someone who is still working is not considered to be “totally disabled”, though there are exceptions for extremely small amounts of work and work someone helps you do.
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QUESTION: Should I talk to my doctor before I apply for disability?
ANSWER: Whether someone is medically disabled to the point that they cannot work is a combination of a legal question and a medical question. It is very important that you have the support of your medical professionals in the application process. One of the best ways to do that is to consult them at the time you are considering leaving work.
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QUESTION: What is the difference between Social Security Disability and Supplemental Security Income Disability?
ANSWER: These are two different disability programs both administered by the Social Security Administration. The main distinguishing factor is that in order to get Social Security, someone, either the disabled person themselves or a family member, has to have paid into the Social Security Administration from their taxed earnings over the years. Supplemental Security Income Disability is a program to help people who have not paid into Social Security, such as children and young adults, farm workers, spouses who may not have done public work, and people who have been out of the regular taxed economy.
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QUESTION: How long will it take to get my disability?
ANSWER: There is tremendous variation in the amount of time it takes to get disability benefits started. Sometimes the initial application is reviewed, a decision made, and benefits can be started in two to three months.
The Social Security Administration is currently in a desperate situation stemming from the extremely high number of people denied at the initial application phase, and the extraordinary amounts of time that it then requires to go through the appeals process. In Eastern North Carolina someone denied at the initial level, going through the appeals process with an allowance by an Administrative Law Judge, can generally expect about a year and a half obtain benefits.
It is critical that the correct information is given to the Social Security Administration, with enough legal proof of disability, as early as possible in the application process.
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QUESTION: What if I am getting unemployment, workers’ compensation, or disability benefits from my employer?
ANSWER: Any time you are out of work because of a medical problem and it looks like you will be out for a long time you should always apply for disability from the Social Security Administration.
If you are receiving workers’ compensation benefits the Social Security payment may be reduced, but you should still apply, since additional money, and medical coverage, may be available to you.
If you are receiving disability benefits from your employment you should apply for Social Security as well. They may “offset” each other but there are significant benefits in having both approved.
In order to obtain benefits from the Employment Security Commission an individual generally must sign a statement that they are ready, willing and able to work. If you are medically unable to work, the fact that unemployment is received creates a complication at hearing, but should not stop you from making an application for disability benefits.
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QUESTION: How can my family and I survive if I am not working?
ANSWER: Congress created Social Security disability as a safety net for catastrophic circumstances. Congress assumed, rightly or wrongly, that all American families had some way that they could get by for six months, and that by that time the Social Security Disability benefits would be approved.
Unfortunately that has not proved to be the case in many applications, and it takes the resources of the entire family, friends, churches, and the community for many people to survive the disability application process. These can be extremely difficult times for individuals and families, and unfortunately the denial rates by the Social Security Administration continue to rise.
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QUESTION: Can I get disability and retirement?
ANSWER: The Social Security Act provides that an applicant gets the highest single benefit from the Social Security Administration possible. In other words, you don’t get both Social Security Disability and retirement, you get whichever is higher. There are many programs which can make payments under the Social Security Act, including payments to children, spouses, disabled spouses, disabled adult children, and custodial parents of dependent children. It is difficult to say exactly what someone should apply for, which is why a direct personal contact with the Social Security District Office is the best way to make an application for all types of benefits, some of which are more difficult to obtain than others.
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QUESTION: I applied for disability and I was denied with a long letter, of many pages, telling me why I didn’t qualify. Is there any reason I should appeal?
ANSWER: The long letter that you received is mostly a computer generated form with very little application to your situation. Although people’s problems can vary dramatically, on a national level more than half the people who appeal from their initial denials ultimately obtain their disability benefits for themselves and their families.
And, unfortunately, there can be some consequences if you do not appeal. The Social Security Administration may consider the fact that you didn’t go forward with your appeal as “closing the door” on a part of your disability claim if you later get worse, or new medical evidence shows just how severe your problems have been.
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QUESTION: I was sick and I think I waited too long to appeal. What should I do?
ANSWER: Go to the Social Security District Office, preferably in person but at least by phone, and tell them immediately that you want to appeal and why you didn’t get your appeal to them on time. There are many instances where the Social Security Office will find “good cause” for going beyond the required time limit. Even if they don’t find a good excuse, you can start a new application immediately which may help you save your benefits and medical care from the first application.
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QUESTION: Do I need help to get Social Security Disability?
ANSWER: The Social Security Act allows an applicant to have a representative help them with their disability claim. On a national basis having a trained private representative help you through the application process dramatically increases the chances of obtaining disability benefits, and increases the speed with which benefits can sometimes be processed.
Hearings before a Federal Administrative Law Judges are supposed to be “non-adversarial”, but the Judges who perform the hearings are attorneys and are themselves employees of the Social Security Administration.
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QUESTION: If I am going to hire a representative, why should I hire an attorney, aren’t they more expensive?
ANSWER: An attorney generally charges no more to represent someone for the Social Security Disability than a non-attorney representative.
The Administrative Law Judges before whom cases are tried are lawyers, they have to abide by the Social Security Act and by cases decided in the United States Supreme Court, the Federal Court of Appeals, and the United States District Courts. Lawyers are trained to present cases before the Administrative Law Judges in ways that non-attorney representatives are not.
If the claim goes beyond the Administrative Law Judge stage it has to go before a Judge of the United States District Court. Only licensed attorneys, admitted to practice before the Federal Court, can file those lawsuits and appear in the court room.
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QUESTION: What will representation cost?
ANSWER: The amount a representative, attorney or non-attorney, can charge is regulated by the Social Security Administration. All contracts, and payments, must be approved by the Social Security Administration before they can be paid.
Generally attorneys and non-attorneys charge the same fee: one-fourth of benefits payable up until the time the Administrative Law Judge makes a decision. Our law firm puts a mandatory “cap” on our fee at $5,300 regardless of the amount obtained in retroactive benefits for our clients.
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QUESTION: How far back can my disability payments go?
ANSWER: How much we can recover for a client depends on a combination of how long they have been disabled, when they applied for disability, and whether there is a prior application which we may be able to reopen. Generally the answer is disability benefits go back to the time someone was no longer able to work, though Supplemental Security Income Disability benefits only begin from the time of application forward.
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QUESTION: What if I had a prior application?
ANSWER: Any time you apply for Social Security benefits you need to tell the Social Security Administration if there have been prior applications, and when you come to our office you need to bring all documents from any prior applications. We might be able to reopen them or use them in your current application process.
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QUESTION: Do I have to pay money to an attorney or representative up front? What if they don’t win?
ANSWER: No one can accept a fee for representation before the Social Security Administration without approval by Social Security. Anyone who charges a fee can only do so at the end of the claim, after it has been approved.
Our office’s policy is that we do not charge any money up front, and we never charge a fee unless we obtain benefits for our client.
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QUESTION: Are there other expenses involved in getting disability benefits?
ANSWER: There may be other expenses, such as obtaining medical records, getting reports from doctors, or other costs of litigation. Expenses in Social Security representation are much smaller than the expenses in normal court cases. Most expenses are advanced by our law practice and you would only pay these costs if the case is won.
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QUESTION: What is a Social Security hearing and is it like going to court?
ANSWER: Social Security hearings are before Federal Administrative Law Judges, who are Judges but are employed by the Social Security Administration. They do wear black robes, there is a court room, and all testimony is given under oath. There is testimony, questioning, and presentation of evidence.
Unlike court, as most people know it, there is no audience, no jury, and no attorney representing the Social Security Administration. Questions for the Social Security Administration are asked by the Administrative Law Judge. Evidence is generally submitted in writing, and doctors’ testimony is usually given only through reports, statements or depositions. Hearings usually last less than an hour, and in Southeastern North Carolina in a small pair of court rooms equipped by the Social Security Administration.
We try to reduce the stress of trial before the Judge as much as possible.
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QUESTION: Why should I hire your firm?
ANSWER: We have been representing people for disability benefits in Southeastern North Carolina for over 30 years. We have extensive experience with the Judges of the Social Security Administration and are in daily contact with them and their staff. We have appealed Social Security claims into the Federal District Courts and to the United States Court of Appeals in Richmond, Virginia when necessary.
Because our firm undertakes representation for legal issues of disability, including workers’ compensation and long term disability claims, we have extensive contact with the more than 500 physicians practicing in Southeastern North Carolina and with the rapid changes in the medical field.
In order to obtain Social Security Disability we have to prove a medical condition which could reasonably be expected to cause the degree of disability you allege. Our experience in the evaluation of medical conditions, and their functional limitations, and the presentation of those conditions to decision making bodies throughout eastern North Carolina gives our firm a unique opportunity to win disability claims before the Social Security Administration in Southeastern North Carolina.
On a professional level we have made multiple presentations before State and National organizations teaching other attorneys how to represent claimants, we have published manuscripts which continue to be used by practitioners nationwide in various aspects of Social Security Disability representation, and our senior attorney was recognized in the first group of attorneys certified by the North Carolina State Bar as a Board Certified Specialist in Social Security Disability representation in the fall of 2007, one of only 27 so recognized.
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QUESTION: What if I am able to go back to work?
ANSWER: If you have been out a complete year because of a medical condition we may be able to get a “closed period of disability” for you during the time of your recovery.
If you are able to actually return to full time employment as your condition gets better we can keep your claim open to make certain that you are actually able to succeed in your recovery.
Unfortunately, one of the worse things that can happen is for you to obtain part-time work which pays a little bit to help you make ends meet until your disability is allowed. That kind of work doesn’t give you enough to live on, and probably dooms your application for disability benefits.
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QUESTION: What if I cannot pay for medical care?
ANSWER: To win disability benefits often requires medical proof. We may be able to help you find sources of free or low cost medical care than can help us prove your disabling condition.
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