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What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI)?
You must have worked and paid into the Social Security system and be disabled in order to be eligible for SSD. SSI, however, is a needs-based program. You must be disabled and have resources that do not exceed certain income levels to be eligible for this program. Both programs have the same disability requirements, and both are handled by the Social Security Administration.
How do I apply?
You must contact your local Social Security office and inform them that you wish to apply for disability benefits. They will take information from you and process your application. Call 1-800-772-1213.
What happens after I file my application?
Once you apply, a claims representative from the Administration will contact you. This call is called a Claimant´s Conference. Information which you provide at this conference will be used to decide your case. Contact our firm immediately. If your claim is denied, you will have 60 days to contact your local Social Security office to request an appeal.
Is it common to be denied benefits?
It is not uncommon for disability benefits to be denied initially. It may be necessary for you to attend a hearing before an Administrative Law Judge, where you will be given an opportunity to explain your disability in detail with the help of an attorney.
Where will my hearing be held?
Your hearing will be held in an area near where you live. You may be asked to travel to the nearest Office of Hearings and Appeals or another nearby location to attend a hearing with Administrative Law Judge.
When will my hearing be scheduled?
Because of the volume of claims pending before the Administrative Law Judges, it could take from several months to more than a year for a hearing to be scheduled once it is requested. During this time your attorney will obtain medical records and reports to update your file for the hearing.
Who pays for these reports?
Our law firm will pay a reasonable cost for obtaining these medical reports and records. You will be asked to reimburse us for the costs of these reports only if your claim is successful and you are awarded benefits.
What will happen at the hearing?
You will meet with an attorney from our office before your hearing. That attorney will help you to understand what information will be asked of you. You will testify under oath about your work history, impairments, treatment and daily activities. You will be questioned by your lawyer as well as the Administrative Law Judge.
Will the same lawyer that filed my claim handle my hearing?
Usually. However, due to scheduling conflicts, that is not always possible. Rather than postpone your hearing for when that attorney is available, another attorney from our firm who is familiar with your case will handle your hearing instead.
How long will it take before I get a decision?
It may take several months for the Social Security Administration to process your claim and issue a decision.
My claim was denied by the Administrative Law Judge; can I appeal?
It is possible to appeal a denial from an Administrative Law Judge by filing a request for review with the Appeals Council. We will review your decision and advise you as to whether this is a reasonable option. A review by the Appeals Council may take one year or longer.
My claim was approved, how long will it be before I receive benefits?
The Social Security Administration must review your file and update your records before sending you your checks. This usually takes 6-8 weeks.
How does my lawyer get paid?
Attorney's fees are handled differently in SSD and SSI claims. If you are deemed eligible for SSD, the Social Security Administration will withhold 25% of your past due benefits to pay your attorney's fees and will send the check directly to us. If you receive SSI, however, you must send us a personal check or money order for 25% of the past due benefits that you are awarded. If you receive both SSD and SSI benefits, your attorney's fee will be 25% of the combined past due SSD and SSI benefits. You must send a personal check or money order for the costs paid by the firm in both SSD and SSI cases.
If my claim is denied, do I still owe an attorney's fee?
No. You only owe us a fee for representing you if your claim is successful and you are awarded benefits.
Do you handle any other types of cases?
Yes. Our firm limits its practice to all types of injury and disability cases including Workers' Compensation, personal injury, auto accidents, defective products and medical malpractice. No fee is owed if we are not successful in securing benefits for you.
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