Social Security Disability - The Basics
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When dealing with Social Security Administration and the attempt to obtain your disability benefits, it is best to be represented by an attorney who devotes a large percentage of their practice to handling Social Security Disability claims. The rules and regulations surrounding social security are extensive and intricate, as with an federally funded assistance or entitlement program.
“Disability,” for Social Security purposes, is defined as:
“The inability to do any substantial gainful activity by reason of any medically determinable, physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months”.
To meet the definition you must have a severe impairment, which makes you unable to do your previous work or any other substantial, gainful activity, which exist in the national economy.
The term “substantial, gainful activity” is defined as work involving significant and productive physical or mental duties. The work needs to be done for pay or profit. If a claimant is able to engage in substantial gainful activity, then he will not be considered disabled. This is true regardless whatever physical or mental impairments he may have.
Some people are determined to be disabled and, therefore, entitled to disability benefits following their first application. However, do not be discouraged if you are turned down at the first determination. Statistically, approximately 95% of applicants are initially denied. From that point, there are several levels of appeals that include specific deadlines. Failing to appeal within the prescribed time can lead to your claim being dismissed.
The claimant is entitled to a Hearing before an Administrative Law Judge. While you do not have to have an attorney, I often have clients come to me who were told by the Administrative Law Judge that it would be in their best interest to hire an attorney. Attorneys can help ensure you obtain all your medical records, send out appropriate questionnaires to your doctors, and prepare you on what to expect at a Hearing. In addition, an attorney, in certain cases, can assist you in obtaining benefits much faster and, sometimes, without the need of a hearing.
So what do you have to pay an attorney for their services? The federal government has set forth the fees an attorney can claim. Attorneys are paid 25% of your past due benefits or $5,300.00, the lesser of the two. You are responsible for costs. In our firm, the only cost you are responsible are the cost of obtaining your medical records and, in some cases, mileage. We also set up payment plans to make it easier for claimants to repay costs.
Considering the importance of your disability claim, and the odds of success with and attorney versus without, I believe an attorney is essential and worth the fee. While I can not provide exact percentages, our rate of approval is fairly close to the rate of initial denials. So, while the odds are stacked against you on your own, the odds are stacked in your favor with the help of an attorney.