Frequently Asked Questions
Are you disabled?
If you can no longer work as a result of a physical
or mental problem or a combination of problems
severe enough to keep you from working in any
regular job for at least 12 months, you are disabled
for the purposes of Social Security disability or
SSI. The test is not limited to whether or not you
are able to go back to your old job or whether employers
would hire you with your disability. Rather,
the test is whether you are capable of performing
regular, sustained work that exists in the national
economy. Your age, education, training, work experience
and medical and emotional condition will
be used in deciding your case.
If you are denied benefits, don't quit.
The first appeal is called reconsideration. You
must request reconsideration within 60 days of
receiving your denial notice. Before requesting
reconsideration, you should seriously consider
whether or not you want the assistance of an attorney.
At the reconsideration stage, an attorney can
being to present information to the Social Security
Administration that may lead to an award of benefits.
However, most individuals are again denied
benefits at the reconsiderations level. However,
they should not stop there. If denied at that point,
they should request a hearing within 60 days.
Do you need legal representation?
You have a right to have an attorney represent you
in your Social Security claim. Statistics have shown
that people who are represented by an attorney
have been successful more often that people who
are unrepresented. Whether you hire an attorney
is entirely up to you, but you should seriously consider
the benefit that an attorney can mean to you in
Social Security claim. Each case is different, and an
attorney’s role will depend on the particular facts in
your case.
An attorney will undoubtedly obtain documents from
your Social Security file and determine what additional
information should be provided to the Social
Security Administration to present the strongest case
possible. The attorney will gather medical and other
evidence and may contact your treating physicians to
obtain additional medical reports to answer questions
raised by Social Security Administration to
send you to another doctor at their expense so that
every aspect of your disabling medical condition is
well documented. Your attorney may send you to
other doctors for additional medical examinations
and reports. Your attorney may request subpoenas
to ensure that crucial witnesses or documents are
at your Social Security hearing. Your attorney will
undoubtedly advise you on how best to prepare
yourself to testify at your hearing. Your attorney will
attend the hearing with you and see to it that you obtain
a fair hearing but objecting to improper evidence
or procedures. Your attorney will cross-examine and
adverse witnesses at your hearing. Your attorney will
have the right to present an oral closing statement at
your hearing that will explain why you are entitled to
benefits under the social security law and regulations
or your attorney can submit a written summary of the
evidence to the Administrative Law Judge and argue
why you are entitled to benefits.
If you are awarded benefits, your attorney will
make sure that the Social Security Administration
correctly calculates your benefits. If you
lose, your attorney will analyze the decision of
the Administrative Law Judge and determine
whether or not your claim should be appealed
by requesting review by the appeals council. If
necessary, your attorney can appeal your case
to the Federal Court.
How can you afford to hire an attorney?
Most attorneys who do Social Security claims
will represent disabled individuals on a contingent
fee basis. This means that if the client is
not awarded benefits, the client does not pay
an attorney’s fee and is only obligated to pay
out of pocket expenses incurred by the attorney.
Those expenses usually involve charges for
obtaining medical records, reports, and payments
to doctors for examinations. There may
be charges for long-distance telephone calls,
travel expense, etc. The contingent fee is generally
limited to 25 percent of past due benefits.
Your regular future monthly benefits will not be
affected.
The hiring of a lawyer is an important decision
that should not be based solely upon advertisements.
Before you decide, ask us to send you
free written information about our qualifications
and experience.
1800 Second Street | Suite 790 | Sarasota, Florida 34236 | Telephone: 941.365.0914