I. - Initial Application and General Questions
Q: How do I know if I am disabled?
A: The Social Security Act defines disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable, physical or mental impairment which can be expected to last for a continuous period of not less than twelve months or result in death.
Simply put, if you are sick, disabled, off work or are expected to be off of work for twelve months or more, you may be eligible for Social Security disability.
Q: If I filed and my initial application was denied, should I appeal?
A: Yes. Unfortunately, the Social Security Administration makes many mistakes in denying worthy applicants their Social Security disability. Nationwide, two out of every three applicants are denied. Any appeal must be filed within sixty days from the date of your initial denial.
Q: What can I do to improve my chances of winning Social Security disability?
A: Continue to receive medical treatment with your doctors. Importantly, hire an attorney. The Social Security Administration's own statistics show that a Claimant who is represented by an attorney has an increased likelihood of winning.
Q:If I receive Social Security disability benefits, how long can the benefits last?
A: You can receive Social Security disability benefits for as long as you remain disabled.
Q: Can my family receive benefits if I am disabled?
A: Yes. Most times, family can receive benefits based on the wage earnings of the disabled parent. The amount is approximately 50% of the disabled worker's monthly benefits.
Q: Are there attorney fees?
A: Only if we win. The Attorney fee at any stage through the first Administrative Law Judge hearing is twenty-five (25%) percent of past due benefits up to a maximum of $5,300.00. The applicable maximum amount set by the Commissioner pursuant to 42 U.S.C §406(a).
II. - Hearing Level
Q: How long will it take for a hearing to be held, a decision to be issued and for benefits to be paid?A: It generally varies, but hearings are held about 16 to 24 months from the date a person requests a hearing. After the hearing, it takes an average of about 3 to 6 months for a decision to be issued. After that, if we win, it takes a month or two for current benefits to start being paid.
Q: How will I be notified of when my hearing is scheduled?
A: You should hear from me first. The judge's assistant will telephone me before scheduling your hearing to make sure I don't have any conflicts on my calendar. As soon as I hear from the judge's assistant, I'll send you a letter. After you get the letter from me, you'll get a Notice of Hearing from the judge.
Q: Do I need to get medical records or reports for my lawyer?
A: No. You don't have to get any medical records or reports yourself.
Q: Should I send anything to the judge?
A: No. As a rule, do not send anything of any substance to the judge without your lawyer seeing it first.
Q: Will I have to fill out any forms before my hearing?
A: Yes. Usually the judge will send you some forms to complete about recent medical treatment, daily activities, and what medications you are taking. Complete these forms as soon as possible after you get them and send them to me. I'll forward them to the judge.
Q:What will my lawyer do to prepare for the hearing?
A: I will review your Social Security file. I will figure out what we need to prove to win your case. I will gather the necessary medical records and other records. I will obtain reports from your doctors, if necessary. I will meet with you before your hearing to get you prepared to testify.
Q: Under what circumstances should I telephone my lawyer?
A: If one of the following things happens, please telephone me:
- There is a dramatic change in your condition - for the worse or the better;
- Your doctor gives you a new diagnosis of your medical condition;
- You are hospitalized;
- You go back to work;
- You change your address and/or telephone number;
- Someone from SSA contacts you;
- You get a letter from SSA which you don't understand;
- You get a Notice of Hearing without first getting a letter from me telling you the date of your hearing; and you get a form from the judge to be completed by your doctor.
Don can be reached by email at info@smithandpopielarz.com or by phone at 989.797.4700.
