Plano Attorney - Dallas Lawyer | Social
Security Disability
WHAT ARE
SOCIAL SECURITY DISABILITY BENEFITS?
Social Security
Disability is a benefit received from the Social Security
Administration by disabled workers and in some cases their
dependents, similar to those received by retired workers.
WHAT IS THE
DIFFERENCE BETWEEN SOCIAL SECURITY DISABILITY AND SSI?
Supplemental
Security Income, or SSI, is a program financed through
general tax revenues-not through Social Security trust
funds. SSI disability benefits are paid to people who have a
disability and who don't own much or have a lot of income.
Social Security
disability insurance is a program that workers, employers
and the self-employed pay for with their Social Security
taxes. You qualify for these benefits based on your work
history, and the amount of your benefit is based on your
earnings.
WHAT ARE EXAMPLES OF DISABILITIES?
* Asbestosis *
Asthma * Alcoholism * Allergies * Back Pain * Blindness *
Cancer * Carpal Tunnel * Chronic Fatigue * Diabetes *
Depression * Emphysema * Epilepsy * Fibromyalgia * Anxiety *
Herniated Disc * Hip Replacement * HIV / AIDS * Heart
Disease * High Blood Pressure * Hypertension * Knee
Replacement * Psychiatric Impairments * Mental Retardation *
Reflex Sympathetic Dystrophy * Leukemia * Arthritis *
Multiple Sclerosis * Migraine Headaches * Neck Pain * Joint
Pain * Seizures * Stroke * Lupus * Hepatitis C *
Social Security
has a listing of impairments that if you meet ALL of the
specifications and the condition prevents you from doing
substantial gainful employment, you can be found eligible
based on your condition.
AT WHAT AGE CAN A PERSON RECEIVE SOCIAL
SECURITY DISABILITY BENEFITS?
There is no
minimum age. However, to qualify for Social Security
Disability benefits, you must have worked long enough and
recently enough under Social Security. You can earn up to a
maximum of four (4) work credits per year. The amount of
earnings required to earn one credit increases each year.
The number of
work credits you need for Social Security Disability
Benefits depends on your age when you became disabled.
Generally you need a total of forty (40) credits with twenty
(20) credits earned in the last ten (10) years ending with
the year you became disabled. However, some younger workers
depending on their age may qualify with fewer credits.
WHO QUALIFIES?
To receive
benefits under the Social Security Disability program, you
must have a physical or mental health problem (or a
combination of problems) severe enough to keep you from
working in any regular paying job for at least one year or
result in death. The test isn't whether or not you are able
to go back to your old job, and the test isn't whether or
not you have been able to find a job lately. Rather, the
test is whether you are capable of doing any job available
in the national economy (even if this job involves different
skills or pays less than your previous work.) By using an
extensive set of regulations, the Social Security
Administration takes into account your medical condition,
your age, your abilities, your training and your work
experience in deciding your case.
The Five Step
Evaluation that Social Security uses to determine if you are
disabled is as follows:
1) Are you
working? If you are and you are earning more than the
current SGA amount (currently $860 a month), you
generally cannot be considered disabled;
2) Is your
condition severe? Your impairment must be expected to
last one year or result in death and interfered with
basic work related activities;
3) Is your
condition found in the list of disabling impairments?
Social Security maintains a list of impairments for each
of the major body systems that are so severe they
automatically mean you are disabled. If your condition
is not on this list, Social Security has to decide if it
is of equal severity to an impairment on this list. If
it is, your claim is approved. If it is not, Social
Security goes on to the next step;
4) Can you do
the work you did previously? Does you condition prevent
you from doing any work that you did in the last fifteen
(15) years. If it does not, your claim will be denied.
If it does, your claim will be considered further; and
5) Can you do
any other type of work available in the national
economy? Social Security considers your age, education,
past work experience, and transferable skills against
the job demands of occupations as determined by the
Department of Labor. If you cannot do any other kind of
work, your claim will be approved. If you can, your
claim will be denied.
WHAT HAPPENS IF I QUALIFY FOR SOCIAL
SECURITY DISABILITY BENEFITS?
If you are found
eligible for Social Security Disability benefits, you will
get paid retroactive benefits beginning 5 full months after
you become disabled, but only for a maximum of 12 months
before you applied for benefits.
WHEN SHOULD I APPLY FOR SOCIAL SECURITY
DISABILITY BENEFITS?
You should apply
for Social Security Disability benefits as soon as possible
after you become disabled and unable to work. You do not
need to wait 12 months to apply, your disability need only
be expected to last for at least one year or will result in
death.
HOW DO I
APPLY FOR SOCIAL SECURITY DISABILITY BENEFITS?
You can fill out
an application for Social Security Disability benefits at
the local Social Security office nearest to your home or by
telephone. The address and telephone number of your local
Social Security office can be obtained by calling
1-800-772-1213. When applying you should be prepared to give
Social Security a list with the names, addresses and phone
numbers of all the doctors, hospitals or clinics who have
treated you for your condition. You should also bring a list
of where you have worked in the past 15 years.
You will also
need to provide Social Security with an original or
certified copy of your birth certificate, your last earnings
documents (W-2, last pay stub, statement of your employer,
etc.) and copies (keep the originals) of any medical records
you may be able to obtain.
Please note,
however, that you should not delay filing for benefits if
all documents are not immediately available.
WHAT DO I DO IF I AM DENIED BENEFITS?
Appeal! Many
disabled people become disheartened and frustrated after
they receive a disability benefits denial notice and do not
appeal. This is often a mistake. Nationally, about 75% of
all applicants are denied initially and about 90% are denied
at the first appeal stage, which is called Reconsideration.
But many of these people ultimately receive their benefits,
nationally about 70%.
What may be most
frustrating about applying for Social Security Disability
benefits is the process itself. Those who apply are often
made to feel like they are asking for something that they do
not deserve, and nothing could be further from the truth.
Social Security Disability is not a welfare program; these
benefits are paid for by you and were intended to act as a
financial buffer in case you or a family member became
seriously ill or injured. Therefore if you are unable to
work, but you have been denied benefits, you should appeal.
DO I NEED AN ATTORNEY?
You have the
right to have an Attorney represent you in your Social
Security Disability case. Statistics have shown that
claimants represented by Attorneys have been much more
successful than people without representation. You should
seriously consider the advantages of having an Attorney
represent you by examining what an Attorney would do in your
Social Security Disability case.
HOW CAN AN ATTORNEY HELP ME IN MY SOCIAL
SECURITY DISABILITY CASE?
Some of the
things an Attorney may do are:
-
Gather medical and other evidence
-
Analyze your case under Social Security Regulations
-
Contact your doctor and explain Social Security
Regulations to obtain a report consistent with those
regulations
-
Obtain documents from your Social Security Disability
file
-
Ask that a prior application for benefits be reopened
-
Advise you how to best prepare yourself to testify at
your hearing
-
Protect your right to a fair hearing by objecting to
improper evidence and procedures
-
If you win, make sure that the Social Security
Administration correctly calculates your benefits
-
If you lose, request review of the hearing decision by
the Social Security Administration's Appeals Council
-
If necessary, represent you in a Federal Court review of
your case
HOW MUCH
DOES IT COST TO HIRE AN ATTORNEY?
Most Attorneys
who handle Social Security Disability cases will accept them
on a contingent fee basis of 25% of past-due benefit or
$5,300 whichever is less. There is no fee if you lose,
although you will be obligated to pay any out-of-pocket
expenses incurred by the Attorney in your representation.
WHEN SHOULD I CONTACT AN ATTORNEY?
As soon as
possible, preferably as soon as your initial application is
denied. An Attorney will then be able to start assisting you
in determining if you are disabled, as that term is defined
by the Social Security Act. You will then be able to decide
whether or not you want to pursue the first appeal
stage--Reconsideration; and your Attorney can begin
developing ways to prove to the Social Security
Administration that you are disabled.
Attorneys in
Social Security Disability cases do much more than sit in at
a hearing and ask a few questions. Much pre-hearing
preparation, analysis and evidence gathering go into
adequate representation for your case. For this reason you
should not wait until a week or two before your hearing to
contact an Attorney. The earlier an Attorney is able to
start working on your case, the better your chances of
winning.
