Navigating the world of Social Security Disability can be wrought with complex rules, difficult decisions, and unclear guidelines.
Read below to have some of the most common questions about the SSA and disability process answered. Don’t see your question? Give us a call at 843-576-6353 or contact us and we’d be happy to answer your questions!
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You should contact an attorney before you file a claim with the Social Security Administration. Rob Wendt can help you plan a strategy to win your case from the beginning. If you wait to get an attorney after your claim has been denied, you may harm your case with different damaging statements or other information. This information can be used against you on appeal.
For Social Security Disability benefits, it all depends upon how much you have worked and earned in the past. For disabled widow’s or widower’s benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned.
For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive.
You should appeal. To appeal, you must make your request in writing within 60 days from the date you received a denial letter. Five days after the date on the letter begins your 60-day period.
Non-attorney disability advocates are trained in the Social Security process, but have not received a law degree. They can help you file your initial claim, but if your claim is denied (and most are) you may need sound legal counsel to proceed to the next step. If your appeal goes all the way to federal court, you will definitely need an attorney. If you have questions about your eligibility or doubts about your employer’s intentions, you should probably be working with an attorney.
Federal law regulates attorneys’ fees in Social Security Disability cases. So, virtually every disability lawyer works on the same fee basis. The most we will ever charge is 25% of your past due benefits plus the costs to obtain any medical records on your behalf. There is no fee if you lose.
Be completely honest with Social Security in their requests for information, both financial and medical.
Go to your doctors and treatment providers for two reasons. The first reason is for your health. The second reason is because Social Security bases its decisions on the medical evidence in your file. If you are not going for treatment, Social Security can assume that your condition is not severe enough to require treatment.
Do not give up. It is very common for Social Security to deny claims; it is easy to become discouraged and believe it is useless to pursue your benefits. Your greatest chance to win your claim is at the hearing level, when a judge will personally meet with you and hear your complaints and problem.
It is also important to hire an experienced attorney to represent you who understands Social Security’s rules and requirements. It is also important to do this at the earliest stage possible in your claim for Social Security.
Sometimes disability results from a combination of health problems – physical or mental. Just because you can still do some things well doesn’t mean you’re not disabled. Depending on what your age is, work experience, and other factors, you could be entitled to disability benefits.
Yes. The Social Security Administration looks at age as one of the factors when determining disability. The administration evaluates age as follows:
The Social Security Administration’s rules take into consideration that as people get older, they become less adaptable, less able to switch to different jobs to cope with health problems.
Contact our office today. We’ll arrange a consultation to determine whether you qualify for Social Security Disability benefits. If you do, we’ll help you start the proceedings for the best chance to win.
The Social Security Disability system is laced with pitfalls and does involve thousands of different rules, regulations, and procedures. You can be denied benefits if your doctor doesn’t know the legal definition of disability. You can also be denied benefits if Social Security doesn’t receive enough evidence on your behalf. Your case can be dismissed altogether if an appeal is handled improperly.
An experienced attorney, like Rob Wendt, who knows the Social Security system can help your doctor explain your disability to you, submit important supporting medical evidence, analyze each part of your Social Security file, prepare your testimony before a court hearing, and even cross-examine medical experts who may testify at your case hearing.
First you contact Social Security. Second you will need to provide information on your medical conditions, treatment, medication, and work history. You can apply online at www.ssa.gov, call (800) 772-1213, or visit your local Social Security office in person.
Social Security statistics show that claimants who are represented by lawyers win more often than those who are not represented. Your best
chance of winning your case against the government is to be represented by a lawyer.
Rob Wendt is one of South Carolina’s only board-certified Social Security Disability specialists. With over 30 years of experience, he’s helped thousands of people win disability benefits.
Yes. Rob Wendt has over 30 years of experience and he’s helped thousands of people win disability benefits. He’s also one of South Carolina’s only board-certified Social Security Disability specialists.
When you go for your first meeting with your attorney be sure to take along any Denial Notices you have received from the Social Security
Administration. If you have already applied for Reconsideration or for a Hearing, take along your copy of the Request for Reconsideration or Request for Hearing.
It would also be helpful if you took the following information:
We’re located in North Charleston adjacent to the local Social Security hearing office. Our address is 4000 Faber Place Drive, Suite 450, North Charleston, SC 29405
To become board certified, an attorney must have:
You can file for Social Security Disability benefits as soon as you become disabled. Anyone who suffers a serious illness or injury and is expected to be out of work for a year or more, should not delay in filing a claim for Social Security Disability benefits.
Yes. Presently, there are about 5 million widows and widowers receiving monthly Social Security benefits. If you are a widow or widower and your deceased spouse was on SSD, you can receive their benefits. That said, you cannot apply online for survivors benefits. However, you can get the process started by completing an Adult Disability Report before contacting the Social Security Administration. If you have questions about survivors benefits, contact us for help.
