Social Security Disability Claims
What does it mean to be disabled?
To meet Social Security's definition of disability:
1) You must be unable to do any substantial work because of your medical condition. In 2009, substantial work means earnings of $980.00 or more a month. This amount may go up each year; and
2) Your medical condition(s) must have lasted, or be expected to last, at least 1 year, or be expected to end in death.
Being disabled is not just a matter of having a medical condition that prevents you from performing your usual job. To qualify for Social Security disability benefits, you must be unable to perform any other job that exists in the national economy that you are suited for, considering your work experience, age, and education. SSA decides what other jobs you might be able to do considering the restrictions your medical condition places upon you.
For some people, a vocational evaluation is necessary to see if skills you have gained from your usual job may be transferred to some other occupation. Social Security sometimes hires vocational experts to offer opinions about alternate jobs you may be able to perform. It is sometimes helpful for you to hire your own expert for your claim. I can help you decide if a vocational expert is necessary and arrange for your own evaluation.
What will it cost me to hire an attorney?
For most cases, a fee agreement is signed by both the client and the attorney which provides that the lawyer can only be paid if the claim is successful. SSA has to approve the fee agreement and the amount of the fee. In most cases, the fee consists of 25% of any retroactive benefits awarded, up to a maximum of $6000.00. This money is usually withheld by SSA automatically, and is sent directly to the lawyer. The client does not have to write out a check. Many people mistakenly assume they cannot afford a lawyer because they have no money to pay a retainer up front. Usually no retainer is necessary.
Do I have to submit medical records myself?
SSA will request records from your medical providers themselves. You should prepare a list of your doctors and hospitals or clinics where you have treated before you apply. Make sure the list is complete, because SSA will rely on this to gather your medical records. You should also prepare a list of medications you are taking, with dosages.
This office can work with you and your medical providers to make sure that your medical condition is thoroughly explained, using Social Security guidelines to help your doctor discuss how your condition impacts on your ability to function successfully in a competitive work setting. Most doctors are not used to evaluating a patient's work capability.
Do I need attorney representation?
Early involvement by an attorney can help to win your case earlier. The earlier the better. Your attorney can track your case, reviewing your file with SSA at various stages to see if any important medical evidence is missing. He or she may then request missing records, or have your doctors submit letters for you that effectively address SSA's requirements. Or your attorney may be able to win your case without a hearing, if the evidence has been gathered and presented in the appropriate way. Sometimes claimants can also be awarded only some of the benefits to which they are entitled, without really knowing it. Your lawyer's job is to maximize your benefits.
If my claim is denied, can't I just file a new claim later, rather than appealing?
If you merely reapply after being denied benefits, you may lose some of your back benefits, even if a second or third claim is successful. Do not make the mistake of abandoning your claim because you might be nervous about appearing at a hearing. The key to success is persistence. Do not give up. As your attorney of record, I will receive notice of any determination SSA makes on your claim, and can file an appeal for you electronically online. All you have to do is keep me informed of changes in your medical condition and treatment.
What is the most common mistake people make in applying for disability benefits?
Failure to seek appropriate medical care. Some people who are chronically ill stop seeing their physicians regularly, especially if their condition is the kind that is difficult to treat effectively by traditional means. They give up on the medical profession. If you do not seek medical care regularly, SSA will assume that there is nothing wrong with you. You must seek care with a qualified professional, usually an M.D., and your doctor must be on your side.
If I go back to work before my claim is approved, is my claim dead?
Many people return to work after a specific period of disability, sometimes while their application is still pending before SSA. The application process for Social Security disability benefits is a very slow one, sometimes taking up to 3 years before benefits are awarded. People who return to work after being out for at least a year may be entitled to what is called a "closed period" of disability, or a one time payment for the time they were out of work. If a claimant unsuccessfully tries to return to work, it should not count against their eligibility for benefits, especially if the time worked is less than 3 months in duration.
I hope that this site has been helpful. If you have any further questions, please call at 781 849-9844, or email me at lprand@comcast.net.
