DISABILITY QUESTIONS AND ANSWERS
Here are some frequent questions that we receive about Social Security disability claims. Please be aware that answers are brief and do not address all the possible issues. You shouldn't rely on this post for advice since it is intended as general information.
Q. Can my doctor sign me up for Social Security disability?
A. No. Doctors may provide evidence of your impairment or condition but all decisions about whether you are disabled or not are reserved to Social Security.
Q. Do only certain diseases qualify for Social Security disability benefits?
A. No. Any severe physical or mental impairment that is expected to last for 12 months or longer and prevents you from working may qualify for SSA disability.
Q. If I never worked can I still qualify for Social Security disability?
A. No, unless you qualify for benefits under someone else's work record, such as a parent or spouse. However, you may qualify for Supplemental Security Income (SSI) without having worked.
Q. What are the odds of being approved for SS disability on the first try?
A. Slightly less than 30 percent of applications in Alabama are approved without an appeal. Remember, don't place too much stock in averages since each case is different.
Q. Must I have an attorney or representative to appeal my disability claim?
A. No. But it is a complex process that requires knowledge and skill. Claimants who have adequate representation are more likely to be successful.
Q. Why should I consider a local disability advocate as opposed to one of those national firms I see on TV, the ones with 800 numbers?
A. If you call an 800 number you see advertised on TV you don't know who or where you are calling. Your call may be answered in Las Vegas, Atlanta or New Jersey. You will probably not meet your advocate or attorney until he/she flies in on the day of your hearing. You will most likely have to receive and return forms by mail, which delays the already slow process. We think the idea of a local (or at least nearby) office which allows face-to-face interviews and personal appointments are better--for obvious reasons.
Q. Do all Social Security disability representatives get paid on a contingency arrangement--meaning, they only collect a fee if they win my case?
A. Yes. Social Security law will not permit a representative to charge or collect a fee unless the case is won and results in back pay. A representative may require a deposit as a guarantee for his fee but only if the deposit is placed in an escrow account until the case is solved and permission is given to charge the fee. Most representatives do not require a deposit up front. I do not require that because Social Security will withhold my fee (from back benefits) and pay me directly when the case is favorably settled.
Q. Does the fee for representation vary from one representative to another?
A. No, not generally. The maximum fee is established by Social Security and that is what most representatives charge. It is a percentage of your back pay award.
Q. I see many attorneys or advocates using the "NOSSCR" logo. What is that?
A. NOSSCR stands for the National Organization of Social Security Claimants Representatives. NOSSCR offers professional support to attorneys and advocates engaged in professional representation of Social Security disability claimants. It also requires ethical conduct of its members (as does the US Social Security Administration).
Q. Are all Social Security representatives attorneys?
A. Not necessarily. Social Security is one of more than 30 US administrative agencies that allow both attorney and non-attorney representation. All representatives, whether attorneys or not, must meet strict SSA standards which include ethical conduct. Also, to be eligible for direct pay with Social Security, a non-attorney representative must pass a rigorous written examination on Social Security law, must carry prescribed professional liability (malpractice) insurance, meet the educational requirements and pass a criminal background investigation.
If your question is not listed here, please call us without cost or obligation. We may be able to help you right over the phone. (256) 799-0297 or 1-855-854-2274.
Q. Can my doctor sign me up for Social Security disability?
A. No. Doctors may provide evidence of your impairment or condition but all decisions about whether you are disabled or not are reserved to Social Security.
Q. Do only certain diseases qualify for Social Security disability benefits?
A. No. Any severe physical or mental impairment that is expected to last for 12 months or longer and prevents you from working may qualify for SSA disability.
Q. If I never worked can I still qualify for Social Security disability?
A. No, unless you qualify for benefits under someone else's work record, such as a parent or spouse. However, you may qualify for Supplemental Security Income (SSI) without having worked.
Q. What are the odds of being approved for SS disability on the first try?
A. Slightly less than 30 percent of applications in Alabama are approved without an appeal. Remember, don't place too much stock in averages since each case is different.
Q. Must I have an attorney or representative to appeal my disability claim?
A. No. But it is a complex process that requires knowledge and skill. Claimants who have adequate representation are more likely to be successful.
Q. Why should I consider a local disability advocate as opposed to one of those national firms I see on TV, the ones with 800 numbers?
A. If you call an 800 number you see advertised on TV you don't know who or where you are calling. Your call may be answered in Las Vegas, Atlanta or New Jersey. You will probably not meet your advocate or attorney until he/she flies in on the day of your hearing. You will most likely have to receive and return forms by mail, which delays the already slow process. We think the idea of a local (or at least nearby) office which allows face-to-face interviews and personal appointments are better--for obvious reasons.
Q. Do all Social Security disability representatives get paid on a contingency arrangement--meaning, they only collect a fee if they win my case?
A. Yes. Social Security law will not permit a representative to charge or collect a fee unless the case is won and results in back pay. A representative may require a deposit as a guarantee for his fee but only if the deposit is placed in an escrow account until the case is solved and permission is given to charge the fee. Most representatives do not require a deposit up front. I do not require that because Social Security will withhold my fee (from back benefits) and pay me directly when the case is favorably settled.
Q. Does the fee for representation vary from one representative to another?
A. No, not generally. The maximum fee is established by Social Security and that is what most representatives charge. It is a percentage of your back pay award.
Q. I see many attorneys or advocates using the "NOSSCR" logo. What is that?
A. NOSSCR stands for the National Organization of Social Security Claimants Representatives. NOSSCR offers professional support to attorneys and advocates engaged in professional representation of Social Security disability claimants. It also requires ethical conduct of its members (as does the US Social Security Administration).
Q. Are all Social Security representatives attorneys?
A. Not necessarily. Social Security is one of more than 30 US administrative agencies that allow both attorney and non-attorney representation. All representatives, whether attorneys or not, must meet strict SSA standards which include ethical conduct. Also, to be eligible for direct pay with Social Security, a non-attorney representative must pass a rigorous written examination on Social Security law, must carry prescribed professional liability (malpractice) insurance, meet the educational requirements and pass a criminal background investigation.
If your question is not listed here, please call us without cost or obligation. We may be able to help you right over the phone. (256) 799-0297 or 1-855-854-2274.
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