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The following is intended only as a general guide. Call us at our Chattanooga offices for a free consultation if you believe you may qualify for Social Security Disability.
AM I DISABLED?
To receive Social Security Disability or SSI (Supplemental Security Income) benefits, you must have physical and/or mental health problems severe enough to keep you from working in any regular paying job for at least 12 months. It is not whether or not you are able to go back to your old job or whether or not you have been able to find a new job. The Social Security Administration will use an extensive set of regulations that will take into account your medical condition, your age, your abilities, training and work experience in deciding your case.
WHAT DO I DO IF I HAVE BEEN DENIED BENEFITS?
File an appeal. Many disabled people become disheartened after they have received a denial notice and give up their claim. This is often a mistake. Two-thirds of all applicants nationally are denied benefits initially. Ultimately, many of these people receive benefits if they pursue their claims.
Therefore, if you have received a denial of benefits, contact your local Social Security Administration and file an appeal within 60 days of the date you receive your Denial Notice.
WILL MY APPEAL BE APPROVED?
Probably not, but don’t be discouraged. Only about 15% of all Reconsiderations result in an award of benefits. At this point, if you are denied you should file a request for Hearing within 60 days of the date of your last denial.
WHAT HAPPENS AT THE HEARING?
The Hearing is the most important step of the appeal process. It is where you have the best chance of winning. A little more than half of all Hearings result in an award of benefits.
The Hearing is conducted by an Administrative Law Judge at the Office of Hearings and Appeals. This is not the same agency which has handled your case throughout your application. This is a private hearing which is generally informal. However, testimony will be taken under oath. The only people allowed to attend the hearing are the Judge, his or her assistance, you, your attorney and any witnesses you may want present. On occasion the Judge may have a Vocational Expert testify about your ability to work.
Your medical records will be accepted as evidence. You will be questioned about your present medical condition, medical history, abilities, education, training, limitations in your daily living and work experience. You or your attorney may make closing arguments that you are entitled to Social Security Benefits under their Regulations.
DO I NEED AN ATTORNEY?
You have the right to have an attorney represent you in a claim for Social Security Benefits. Although attorney representation may not be required, statistics have shown that people who were represented by an attorney have been more successful than those who were not represented. Whether you hire an attorney is entirely up to you, but you should seriously consider the advances of what an attorney can do in your Social Security case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY CLAIM FOR SOCIAL SECURITY BENEFITS?
Your Attorney’s role depends on the particular facts of your case. Every case is different. Listed below are some things that you may expert your attorney to do for you:
- Gather all evidence.
- Review and analyze your case under Social Security Regulations.
- Contact your doctors and obtain reports guided by Social Security Regulations.
- Suggest to the Social Security Administration that you be sent for a consultative examination.
- Refer you to specialists for further treatment and tests.
- Review the Social Security Administration’s actions in your case.
- Seek for prior applications to be re-opened.
- Schedule you for an appointment to apply for benefits, if you have not applied yet.
- File any necessary appeals in your claim.
- Subpoena witnesses or documents to be present at your hearing.
- Prepare you for any upcoming events and hearings.
- Protect your right to a fair hearing by objecting to improper procedures and evidence.
- Represent you to the fullest ability of the attorney at your hearing.
- Submit a written summary of arguments and evidence to the presiding Judge.
- Upon winning your claim, making sure the Social Security Administration has properly calculated your benefits.
- If you lose, request a Hearing Decision by the Appeals Counsel.
- If needed, taking your claim to the Federal Court for review.
WHEN SHOULD I SEEK AN ATTORNEY?
The sooner you hire an attorney the better. Most law firms differ in when they will actually represent you. Some will not take your case until after you have been denied. If we accept your claim, our firm may represent you from the very initial stages of you claim. It is very important that if you choose to hire an attorney, that you do so early enough in your claim to allow the proper amount of time to prepare for a hearing.
It would be best to seek an attorney after your application for benefits is denied. Of course, we cannot guarantee continued representation should facts dictate pursuing the claim further would be futile.
HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?
The Social Security Administration regulates the amount attorneys are allowed to charge. Most cases are on a contingent fee basis of 25% of any past-due benefits received. That is, if you lose your claim there is no charge to you, other than any costs paid out on your behalf. Costs such as copying medical and payment for doctor reports.
The Social Security Regulations require that attorney fees be approved by the Social Security Administration prior to payment. In most Social Security Disability cases, the Social Security Administration will withhold 25% of your past-due benefits for payment of authorized attorney’s fees. Your monthly check will not be affected.
In SSI claims it is your responsibility to pay your attorney in full the 25% out of your past-due benefits that you receive.
For more information, give us a call or visit http://www.ssa.gov/.
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