Q: What benefits will I receive if I win my Social Security case?
A: Depending on your onset date, you may receive a retroactive, lump sum of money. You will additionally receive monthly monetary benefits as well as Medicare and/or Medicaid.
Q: Why does the Disability process take so long?
A: This is the most common question asked by clients. There’s no question about it; the Social Security Disability process can sometimes take years. There are some who receive benefits almost immediately, and others who have to fight with the SSA to receive benefits. Just because you receive a denial from Social Security does NOT mean you do not have a good case.
Many believe the process takes a long time because there are many “fakers” trying to defraud the system. This usually is not true. Most of the claimants who apply for benefits have legitimate health concerns. You may have a neighbor who is on disability and you see them out mowing their lawn every week, gardening, shopping, etc. They don’t “look” disabled. Remember, though, many people have ailments like mental illnesses, infectious diseases, etc. that still allow them to function to some degree, but not enough to hold down a full time job consistently. Others say the Social Security system is flawed in the way it processes cases. This is a subjective perspective.
Overall, the Social Security Administration has been backlogged with cases. With budget cuts in the government, more people becoming unable to work, and the baby boom generation reaching older age, there are simply thousands of cases that the SSA must review every year.
Q: What is the difference between Social Security Disability (SSD/SSDI/Title II) and Supplement Security Income (SSI/Title XVI)?
A: Both Social Security Disability (SSD) and Supplemental Security Income (SSI) require for the individual to prove that they have a conditions or conditions that keep them from working for at least one year.
SSD: Social Security Disability is based on quarters of coverage one pays into the system when they work. One can earn up to four (4) quarters of coverage each year. When an individual applies for SSD, the SSA initially screens that person to see if they have worked long enough (usually 5 out of the last 10 years) and have enough coverage to initially qualify to apply for this benefit. It is generally for people who have worked and paid into the system. It is NOT contingent on assets; thus, you could be Warren Buffett and still apply and receive SSD if you were disabled.
SSI: SSI is considered to be more like welfare in that it supplements income. Individuals and/or couples must meet very minimal financial thresholds in order to initially qualify for this type of benefit. It does not matter if you have never worked under this program; however, you must meet that minimum financial threshold and prove you’re disabled in order to get benefits. Along with SSI comes Medicaid.
Q: What if my assets are too high to qualify for SSI, and it has also been some time since I worked?
A: Unfortunately, there are some people who fall through the cracks of the system. They simply do not qualify for the initial requirements of SSD (earnings quarters) or SSI (minimal financial threshold).
However, you should always consult with both the SSA and an attorney to determine whether you have any other rights.
Some people have what is known as a “Date of Last Insured” with regard to SSD. This means they may have not filed a timely application for benefits, didn’t pay into the system long enough, etc. In this case, the SSA would send you a letter stating, “We did not find that you became disabled on or before X date, the date in which you were last insured for purposes of receiving SSDI benefits.” This means that your conditions have to have been disabling on or before X date in order to recover. Call our office for more information on this matter, as it is often confusing.
Additionally, if you simply do not have enough earnings quarters whatsoever, but are close to meeting the minimal financial threshold, there may be ways to legally rearrange your assets so you do qualify for SSI. Again, call us for more information on this matter.
Finally, if you are over the age of 50, disabled, and are a widower of someone who did have enough earnings quarters, you may be entitled to file a claim under your deceased spouse’s Social Security number.
Q: What are the various stages in the Social Security process, and how long do they take?
A: Time lines vary from state to state, but generally the process works in this order:
1. Initial application is filed. It takes anywhere between 3 to 6 months to receive a decision. If you are denied, the next step is:
2. Request for Reconsideration. Again, this takes up to 6 months. The SSA re-reviews the first decision to see if they made any mistakes the first time around. As you can imagine, the SSA usually thinks they’re right, thus causing a large percentage of people to get denied at the Reconsideration lever. As we mentioned above, this DOES NOT mean that you have a bad case. The SSA hopes you will give up and not pursue your right to benefits. However, you should always speak to both your doctors and lawyers before deciding to forgo your pursuit of benefits.
3. Request for Hearing. The next step to take if your Reconsideration is denied is to go before a Judge for a hearing. Depending on the area of the country in which you live, it can take any where from 1 to 2 ½ years to get to a hearing before an Administrative Law Judge. The good news is that the Judges are not bound by the previous decisions in your case, and are evaluating your case with a fresh pair of educated eyes. These proceedings are non-adversarial, which means there is no other “jerk” attorney on the other side screaming “objection!” and berating you. It’s an informal process, and many of the Judges want to make it comfortable for you so you’re able to get your thoughts heard.
4. If the Judge denies your claim at the hearing level, you have the right to appeal once again, which is called a “Request for Review”. Your case is appealed with a brief written by an experienced attorney from our office and sent to the Appeals Council for review. This stage usually takes 1 to 2 years.
5. If you are denied at that point, you can have your case heard in a Federal District Court. Our firm handles cases only between the Initial and Request for Review stages (1-4 above).
Q: How much money will I receive?
A: You will receive monthly monetary benefits depending on the type of benefit you receive. In SSD cases, your monthly payments will depend on how much you have paid into the system over the years. In SSI cases, the payments can fluctuate depending on your monthly assets or other sources of income.
Q: How do I pay you if I am not working?
A: Fees: This is the best part about Social Security law; it’s all contingent, which means you don’t have to pay us a dime unless you win your case. The attorney’s fees are 25% of your retroactive benefits, capped off by law at $5,300.00 (this amount will go up to $6,000.00 in June 2009), and it’s whichever is less. So for instance, if you only receive $5000.00 in retroactive benefits, the most our fee will be is $1,250.00- period. If you lose your costs, you owe us NOTHING. Costs: we charge no upfront costs, and we do not charge you costs regardless of the outcome of your case. In the worst case scenario that you lose, you at least do not have to worry about paying an attorney.
Q: How do I know if I have a case? How do I know if a friend or family member has a case?
A: If you, a friend or family member experience symptoms related to medical conditions, whether physical and/or mental, and these conditions are interfering with your ability to work, you may have a case. You should immediately contact an attorney as well as your physicians to discuss your health and right to benefits. Sometimes, health conditions may only last one year (like a spinal cord or joint injury), which is called a “closed period of time”. In this instance, we can still fight for benefits. Contact us for more information about your rights.
Q: What does it mean to be “disabled”?
A: Social Security has their own definition of what being “disabled” is. It means that you have an impairment, or combination of impairments, that has lasted or is expected to last at least one full year. You must not be able to engage in ANY form of employment (or substantial gainful activity as you will hear it called).
Q: What if I have a condition that will only last one year?
A: We can still pursue your monetary benefits during this period of time. For instance, you may have bilateral total knee replacements that keep you from working due to a myriad of reasons. But after your rehabilitation, you are able to go back to work. If your doctors had you off of any kind of work during that period of time (as long as it was a year), we can pursue monetary benefits.
Q: How do I speed up the disability process?
A: There are many ways to speed up the process, but unfortunately no guarantees. It varies from person to person the type of assistance that may be available. Call us for more information.
Q: When should I apply for Social Security Disability?
A: You should apply for Social Security Disability as soon as you and/or your physicians feel that you have a condition or conditions that will interfere with your ability to work, for at least a year. Since the process takes so long, we generally encourage our clients to apply right away so they can get their potential benefits as soon as possible. The longer you wait to apply for benefits, you may be relinquishing your right to some retroactive monetary benefits, as well as making yourself wait longer for a determination than necessary.
Q: How do I apply for Social Security Disability Benefits?
A: Through the assistance of an attorney, going to your local SSA field office, applying on line at www.ssa.gov, or calling 1-800-772-1213.