SOCIAL SECURITY DISABILITY CLAIMS

The Social Security Administration (hereafter “SSA”) will pay you monthly benefits if you become disabled. In order to be considered disabled, you must show by “substantial evidence” (much less than “beyond a reasonable doubt”) that you have been or are likely to be unable to engage in substantial gainful employment for at least one year.

There are two types of disability benefits. If you have a work history prior to becoming disabled, your disability benefits will be based on your earning capacity over the previous ten years. If you have never worked, or have worked less than ten out of the last forty quarters, then you are still entitled to “supplemental security income” disability benefits.

How do you prove that you are disabled? SSA publishes detailed categories. If you meet one of the published criteria, you will automatically be considered disabled. If you don’t meet one of the published criteria, but have physical or mental impairments, you may still be entitled to benefits if you show that you lack the “residual functional capacity” to do substantial work.

The process for obtaining disability benefits begins the day you apply for them. There are three stages: (a) Your application will be reviewed by your local SSA office. Most of these applications are denied. (b) You must then ask for “reconsideration” of your claim. A different SSA department will review your application. Many if not most of these applications are denied as well. (c) You must then request a hearing before an “administrative law judge.” You should definitely hire an attorney to represent you at this hearing. An experienced attorney will gather the evidence to show that you meet a published criterion for disability, or that you lack the residual functional capacity to do substantial work.

At each stage of this process, you must request the next stage – reconsideration or a hearing – within the time limit stated when your claim is rejected. In other words, DON’T GIVE UP! If you ultimately prevail, you are entitled to benefits retroactive to the date of your original application. If you miss the deadlines for reconsideration or a hearing, then you must start the whole process over again.

An attorney may charge you for his/her time in representing you in your claim for benefits. Any attorney who charges by the hour must have his/her fee approved by the administrative law judge. The fee will be paid from your retroactive award, and will be capped by law. In the alternative, an attorney may charge a fee of no more than 25% of your retroactive award, again capped by law. In the latter case, if your claim is unsuccessful, you do not have to pay the attorney.

If you are looking for expert representation, contact The Rosenthal Law Firm today.