Social Security FAQ

What do I do if I am denied Social Security benefits?

What is the difference in the requests for review?

How much money does Social Security pay for disability?

What can an attorney do for me?

Social Security benefits are closely scrutinized and one must show first that he or she is disabled. The job of the attorney is to collect all of the relevant information in order to show the Claimant is in fact, "disabled" as that term is defined. The likelihood of being denied Social Security benefits several times is quite high. An attorney may be able to increase the likelihood you may be entitled to Social Security benefits. Social Security benefits may involve several hearings that are highly specialized and formal. It is at this time that an attorney may be especially helpful. The attorney's job will be to collect all of the relevant information and to present it to the governing body in a way that will increase your chances of prevailing at the lower levels of hearings, and eliminate the chance you will need to proceed to further levels, thusly increasing the odds that you will collect your benefits earlier.

Am I entitled to Social Security?

In order to be eligible for Social Security several things must first occur. Generally you must have paid Social Security taxes in order to collect the benefits. This may not be so for all claimants. You must also be able to show that you are disabled and that you are unable to earn about $800 per month. In order to show that you are unable to earn that amount of wages you must show that your disability prevents you from obtaining a job in the local economy. Disability will vary from person to person depending on the age of the claimant, their educational background, and the extent of their condition or injuries.

What do I do if I am denied Social Security benefits?

You will most likely be denied Social Security benefits the first time you apply. After receiving the initial denial you will need to ask for reconsideration. If your request for reconsideration results in a denial, you must ask for a hearing in front of an administrative law judge. If after that hearing you are denied, you must ask for a hearing with a federal judge. This process may take quite some time, and if at any time you do not request an appeal in a timely manner, you may be forced to begin the entire process again from the beginning.

What is the difference in the requests for review?

Initially you must request the Social Security benefits by undertaking an interview, providing the necessary documentation and answering a few questions. It is at this point that most claimants will be denied benefits.

When one is denied benefits initially, it is incumbent upon the claimant to request a reconsideration of the denial. This is an informal reconsideration much like the initial stage of request. At this point the Claimant should provide all documentation they may have that was not provided at the first stage.

If the Claimant is denied again, they must ask for a hearing with an administrative law judge. This judge does have the power to overturn the previous denials should the evidence warrant. Again it is necessary to collect all evidence of disability that did not exist during the first two stages, or which the claimant did not have at that time.

If the Social Security benefits are again denied, the claimant may ask for a hearing presided over by a federal judge. This process will take quite some time and will allow the claimant to obtain all of the information and evidence which he/she was unable to obtain previously. This stage is much more formal with the parties having the opportunity to present evidence and take testimony.

How much money does Social Security pay for disability?

Social Security benefits are individual to each claimant; the benefits amount is determined by the amount of benefits paid into the system. The amount of benefits you will be paid will directly depend on the amount you have paid into Social Security and whether or not you are receiving any other benefits such as Workers' Compensation.

How do I know if I am disabled?

There are several different ways to show you are disabled. There are automatic disabilities such as blindness. There are disabilities in which your injury, age, and education will fall within a matrix which will automatically qualify you for disability. Most people will not fall into a matrix though and will need to demonstrate they are disabled based upon their age, the complexity and totality of their injuries, and their education; or more directly, their lack thereof.

What does it cost to hire an attorney?

Social Security cases are handled on a contingency fee. This is where the popular phrase, "we don't get paid unless you do," comes into play. A contingency fee simply means the attorney's fee is contingent upon the Claimant recovering any benefits. More simply, if the Claimant does not collect Social Security benefits, the attorney does not get paid. The Attorney may claim up to 25% of the back due benefits which are payable to the claimant when he/she is found entitled to Social Security benefits. All fees must be approved by the Social Security administration.