SOCIAL SECURITY DISABILITY: I HAVE QUESTIONS
The Forsythe Firm in Huntsville specializes in Social Security disability. Here are some common questions and answers about SSDI.
1. Who decides whether I can receive SSDI (disability) benefits?
The Social Security Administration decides eligibility. There is a lengthy application process. It takes 90 to 120 days to get a decision.
2. What are the basic requirements for SSDI?
A medically severe impairment lasting at least 12 consecutive months which imposes a serious limitation on the ability to perform full-time work. Also, the claimant must have enough recent work credits to be insured by Social Security. Usually, a person needs 20 quarters of coverage during the past 10 year period.
3. How long does it take to get a decision on my application?
90 to 120 days. Nothing Social Security does is fast.
4. On average, what are the odds of approval of my application?
Slightly under 30 percent of applications are approved without an appeal. Don't be surprised if you are denied and be ready to file an appeal at once.
5. If I am denied, what options do I have?
In most cases, the best option is to file an appeal and ask for an in person hearing before an administrative law judge (ALJ). Denials are often overturned in hearings and benefits eventually get paid.
6. Do I need to be represented?
I think so, especially in the appeal process. It is a complicated legal matter. About 90 percent of all claimants who file an appeal do so with a legal representative helping them. The judge who hears your case will probably recommend representation, though it is not required. You will not pay a representative or attorney until you are approved for back pay. At that point, Social Security will withhold the attorney fee out of your back pay and pay your representative directly. If there is no back pay, no fee can be charged.
7. Can my disability application be "back dated" to get me more money?
You may collect disability benefits under Title II for up to 1 year prior to the date of application, providing you can prove disability back to that date. In addition, you may recover 5 months for the waiting period. SSI (Title XVI) has different rules.
7. Should I get a local representative here in North Alabama or hire one of those out-of-state firms who advertise on the TV?
You are entitled to the representative of your choice. It's difficult to think of an advantage to hiring an out of state representative over a local one who is just as qualified. You will probably get more personal service with a local advocate. A local representative will be more accessible and you will not be charged for travel expenses. Be sure that whoever you appoint to represent you has extensive experience in the area of Social Security disability. The fee arrangement is regulated by the Social Security Administration, so the fee is probably going to be the same whether your representative is in Huntsville or New York. However, expenses may be different. Keep in mind, also, that many of the out-of-state firms will hand over your case to a local attorney to handle the hearing. The problem is that you may only meet your representative on the day of the hearing. With a local firm, you would work with your representative all during the process, not meet him/her at the last
minute.
8. Is it possible to run up large legal bills, then fail to get any benefits?
No, that is not possible. That is because of a Social Security rule that says your representative cannot charge you a fee unless you win and collect past due benefits. So, if you do not collect past due benefits, your attorney or representative cannot charge you a fee. If you don't win there are no legal bills.
Do you have more questions? Call the Forsythe Firm at (256) 799-0297.
1. Who decides whether I can receive SSDI (disability) benefits?
The Social Security Administration decides eligibility. There is a lengthy application process. It takes 90 to 120 days to get a decision.
2. What are the basic requirements for SSDI?
A medically severe impairment lasting at least 12 consecutive months which imposes a serious limitation on the ability to perform full-time work. Also, the claimant must have enough recent work credits to be insured by Social Security. Usually, a person needs 20 quarters of coverage during the past 10 year period.
3. How long does it take to get a decision on my application?
90 to 120 days. Nothing Social Security does is fast.
4. On average, what are the odds of approval of my application?
Slightly under 30 percent of applications are approved without an appeal. Don't be surprised if you are denied and be ready to file an appeal at once.
5. If I am denied, what options do I have?
In most cases, the best option is to file an appeal and ask for an in person hearing before an administrative law judge (ALJ). Denials are often overturned in hearings and benefits eventually get paid.
6. Do I need to be represented?
I think so, especially in the appeal process. It is a complicated legal matter. About 90 percent of all claimants who file an appeal do so with a legal representative helping them. The judge who hears your case will probably recommend representation, though it is not required. You will not pay a representative or attorney until you are approved for back pay. At that point, Social Security will withhold the attorney fee out of your back pay and pay your representative directly. If there is no back pay, no fee can be charged.
7. Can my disability application be "back dated" to get me more money?
You may collect disability benefits under Title II for up to 1 year prior to the date of application, providing you can prove disability back to that date. In addition, you may recover 5 months for the waiting period. SSI (Title XVI) has different rules.
7. Should I get a local representative here in North Alabama or hire one of those out-of-state firms who advertise on the TV?
You are entitled to the representative of your choice. It's difficult to think of an advantage to hiring an out of state representative over a local one who is just as qualified. You will probably get more personal service with a local advocate. A local representative will be more accessible and you will not be charged for travel expenses. Be sure that whoever you appoint to represent you has extensive experience in the area of Social Security disability. The fee arrangement is regulated by the Social Security Administration, so the fee is probably going to be the same whether your representative is in Huntsville or New York. However, expenses may be different. Keep in mind, also, that many of the out-of-state firms will hand over your case to a local attorney to handle the hearing. The problem is that you may only meet your representative on the day of the hearing. With a local firm, you would work with your representative all during the process, not meet him/her at the last
minute.
8. Is it possible to run up large legal bills, then fail to get any benefits?
No, that is not possible. That is because of a Social Security rule that says your representative cannot charge you a fee unless you win and collect past due benefits. So, if you do not collect past due benefits, your attorney or representative cannot charge you a fee. If you don't win there are no legal bills.
Do you have more questions? Call the Forsythe Firm at (256) 799-0297.
Over the years we've answered a lot of questions about Social Security disability. Put what we know to use. It can save you time, money and worry. If you have better things to do than fight with the government about your Social Security claim, let us handle the headaches and help you get your benefits while you get on with your life. Call me at (256) 799-0297.
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