Social Security Disability FAQs
A. What is the difference between Social Security Disability, Social Security Income and Social Security Retirement?
B. What does it take to present an effective disability case?
C. What if I have already been denied Social Security Disability?
D. How long does an average claim take?
E. Who pays my attorney?
F. If I am found to be disabled by Social Security, will my spouse and children be entitled to draw benefits?
G. How can I get medical attention if I don’t have enough money?
H. Will I get medicare or medicaid or both?
I. How can I find out how much my monthly benefits are?
J. Once I get benefits can I lose them?
K. Why hire an attorney?
L. Why Hire the Brad Hendricks Law Firm?
Q. What is the difference between Social Security Disability, Social Security Income and Social Security Retirement?
A. Social Security Disability Insurance Benefits (DIB) are like insurance. While you are employed, you are putting money into a trust fund by FICA taxes deducted from your paycheck. When you become disabled, the amount of your benefit will usually be computed using the highest level of contribution for 5 of the last 10 years.
Supplemental Security Income (SSI) is not dependent upon having paid in from wages, and is reduced by the amount of income and assets an individual may have including income in the household.
Retirement is a program you receive when you are old enough to stop working-ages vary.
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Q. What does it take to present an effective disability case?
A. It is critical that you have medical evidence of your condition and the cooperation of your physicians in providing opinions regarding your limitations. It also takes a knowledge of the law. You would assume by the word "disability" that all you need to prove is that you are disabled. It involves more than that. What constitutes disability may depend on rulings in prior cases as well as federal statutes and regulations. To be considered disabled under the SSD guidelines, many factors are considered. If your disability does not fall exactly under those guidelines, rulings in prior cases will be considered as well as other complex legal issues.
A competent attorney can help you present your disability within the Social Security Disability guidelines in the best possible way. If you wait to contact an attorney until you've begun the process, they must try to correct and possibly overcome mistakes you have unknowingly made which may affect your right to obtain disability benefits.
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Q. What if I have already been denied Social Security Disability?
A. Almost everyone that applies for SSD benefits is denied the first time they apply. If you have not already contacted an attorney, you should obtain counsel to make a "Request for Reconsideration" within 60 days from the date of your denial letter. If you do not appeal within the 60-day period, you will have to most likely start all over, and could lose benefits. The biggest mistake people often make is not asking for reconsideration of their claim within the time limit. More than two thirds of the people who are denied at the first step do not ask for reconsideration. About 75% of those who apply for reconsideration are denied again. Many applicants must follow an appeals process to Federal Court or the 8th Circuit Appellate Courts. Failing to keep in contact with your treating doctor and following his instructions can also be damaging to your case.
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Q. How long does an average claim take?
A. It has been taking approximately 2 years to go through the local appeals process. Four to six months for the initial filing, four to six months for a reconsideration and ten to twelve months for the hearing to be scheduled. If your case goes to the Appeals Council it can take up to 2 years and if it goes to Federal Court another 2 years.
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Q. Who pays my attorney?
A. You pay a legal fee ONLY if you are awarded benefits. Under the law set forth by federal statute, an attorney operating under a fee agreement approved by the Social Security Administration is entitled to receive a 25% attorney fee on your past due benefits with a maximum amount of $5,300. If you do not receive past due benefits, then we do not receive a fee.
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Q. If I am found to be disabled by Social Security, will my spouse and children be entitled to draw benefits?
A. That will depend on the length of time you have worked and paid in FICA taxes. You must have paid in long enough to have a "family maximum" amount that is greater than your primary insurance amount. Children must be attending school and under a certain age. Your spouse cannot be working.
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Q. How can I get medical attention if I don’t have enough money?
A. There are charitable organizations that offer care to those who are uninsured or under-insured. It is important that you are attempting to get treatment and that you document your efforts to do so.
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Q. Will I get Medicare or Medicaid or both?
A. Medicare will be awarded with Disability Insurance Benefits (DIB) and will begin 24 months after the first month's benefits are payable. Medicaid will be awarded with Social Security Income (SSI). If your income in Disability Insurance Benefits (DIB) is low enough, you could get both.
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Q. How can I find out how much my monthly benefits are?
A. This will be based on the amount of money you were earning while you were employed. You may call 1-800-772-1213 or go to http://www.ssa.gov and obtain your Personal Benefits Estimate Statement. (PEBES)
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Q. Once I get benefits can I lose them?
A. If you go back to work and earn over the amount called Substantial Gainful Activity (SGA) and continue to do so for 9 months (which is considered a Trial Work Period (TWP), this can cause you to lose benefits. A periodic review will also be done on your case called a Continuing Disability Review (CDR). If the Social Security Administration determines that your condition has improved they will terminate your benefits.
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Q. Why hire an attorney?
A.1. Social Security statutes, regulations and previous case law are very complex legal issues and you need an attorney with knowledge on how to best present your case within the framework of these laws and regulations.
2. Knowledge of past Federal Court Decisions on matters relevant to your case is critical for a favorable outcome. Ability to seamlessly represent you at all levels of review, including Federal District Court filings and 8th Circuit Court of Appeals is critical.
3. If you are successful in winning an appeal in Federal Court or the Court of Appeals, the losing party (the government) may have to pay some or all of your attorney fees.
4. Administrative Law Judges can and do request legal briefs interpreting statutes, rules, regulations and court decisions when those interpretations are critical to the outcome of your case. Attorneys are specifically trained to research and write these legal arguments and presentations on your behalf.
5. Court decisions regarding Social Security law are often applied regionally and not nationally. Hiring a local attorney will be in your best interest. Hire an attorney with a good working relationship with the local Social Security Administration and the Office of Hearings and Appeals. Their knowledge of how specific offices work can be very beneficial to you.
6. Hire an attorney who handles Federal District Court and 8th Circuit Appeals cases. Not only will there be a better knowledge of current applicable case law but the Social Security Administration will know by his presence on the case that any legal errors in their decision will be immediately appealed.
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Q. Why Hire the Brad Hendricks Law Firm?
A. The Brad Hendricks Law Firm has a department dedicated solely to Social Security law. The Social Security department, headed by David Rawls, has years of experience in this area and a good working relationship with the Social Security Administration in Little Rock. We handle the full spectrum of Social Security cases, including Federal Court and 8th Circuit Court of Appeals. Our Social Security department is large enough to handle the requirements of any social security disability case, but small enough to appreciate each and every client. Let us use our knowledge, experience and resources to smooth your way through the maze of government regulations. There is no charge for a personal consultation and if we are not able to secure benefits for you, you do not owe us a fee.
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