What's New
Frequently Asked Questions
Newsletter
The Process
About Us
Attorney Profiles
Contact Us
Links and Resources
Return to the Social Security Group Home Page
Frequently Asked Questions
Do I need an attorney to assist me in a Social Security Disability or SSI claim?
How much will an attorney charge?
What kinds of benefits are there?
Will I receive medical coverage if I am granted?
What do I need to show to prove that I am disabled?
Is it true that Social Security denies everybody the first time?
Do I need an attorney to assist me in a Social Security Disability or SSI claim?
You are not required to have an attorney. However, government statistics show that claimants who are represented are statistically more likely to win their cases that those without representation. An attorney can help you with paperwork at all levels of review. He or she will make sure that everything is filed on time and at the right place. He or she will be familiar with what medical evidence is necessary to prove disability and will help to make sure all such evidence is in your file. He or she will prepare you for the hearing, write a brief for the Judge, and cross-examine expert witnesses. Your attorney will also explain the written decisions you get from Social Security and will work with you to make sure you are paid accurately if benefits are granted. At the Appeals Council and federal court levels, the attorney will file briefs setting forth the legal arguments as to why the Administrative Law Judge's decision was incorrect.
How much will an attorney charge?
The standard fee charged by an attorney in a Social Security case is 25 percent of the claimant's back benefits, not to exceed $5300. Attorneys are also reimbursed for any out of pocket expenses they may have incurred for copying medical records or obtaining other evidence. An attorney is not allowed to charge you a fee unless it has been approved by Social Security.
What kinds of benefits are there?
The Social Security Administration administers two basic disability programs. The most common ones are Social Security Disability Insurance, also sometimes called "SSDI" or "SSA" benefits, and Supplemental Security Income benefits, known as "SSI." The definition of medical disability is the same for both cases: the difference is in who is eligible and how they are paid.
Social Security Disability Insurance benefits are available to people who have paid a certain amount of Social Security taxes out of their wages over a certain period of time. Generally, you must have worked and paid Social Security taxes for five years out of the ten years prior to when your disability began. If you prove that you are disabled, the amount of money you will be paid monthly depends on how much you have paid into the system. Often, your dependent children will be eligible for benefits also.
If you have not yet filed a claim for disability benefits, you can get a copy of your earnings record, which shows what years you paid into Social Security and how much you will receive if you are found disabled either by picking up an Earnings Record Request at your local Social Security office or completing a request form online. If you have already filed your claim, you will need to get your earnings record directly from the local Social Security District Office. Your attorney should be able to help you obtain this document.
Benefits are also sometimes available to the disabled widow or widower of a person who paid over a certain amount into the system before he or she died. In order to be eligible for these benefits, you must be between the ages of 50 and 60, you must have been married to the spouse who paid into the system for at least ten years prior to his or her death, and your disability must have met Social Security's definition for disability within seven years of the date that your spouse died.
Supplemental Security Income benefits, or SSI, can be paid even if you haven't worked enough to be eligible for Social Security Disability Insurance. However, these benefits are "means-tested," meaning that you must prove that your income is below a certain level and that you do not have resources exceeding a certain level in order to be eligible.
Children can also receive SSI benefits if the family income and resources meet the requirements and if the child's disability is severe enough. The rules for children are somewhat different than for adults.
Disabled adult children benefits are available to a person at least 19 years of age, who can prove his or her disability began before age 22 and is continuing and whose parent is receiving Social Security Disability Insurance or Retirement benefits or died while receiving those benefits.
Will I receive medical coverage if I am granted?
Usually, yes. If you are receiving Social Security Disability Insurance, you will receive Medi-Care benefits, but not until two years and five months after the date that your disability is found to begin. If you are receiving SSI, you will receive Medicaid (Medi-Cal in California). Medicaid/Medi-Cal begins on the date that your disability is found to begin. If you receive both Social Security Disability Insurance and SSI, you will receive both Medi-Care and Medi-Cal.
What do I need to show to prove that I am disabled?
Social Security defines disability as the inability to engage in substantial gainful activity. The most important thing in a Social Security Disability Insurance or SSI claim is medical evidence. You must prove that you cannot work as a result of a medical impairment, and to do this you must have evidence of on-going medical treatment. If you are not seeing a doctor, many attorneys will not take your case until you begin getting medical treatment. It is true that Social Security will send you to see their doctors. However, these examinations are short, usually not very thorough, and rarely result in a person being found to be disabled.
Is it true that Social Security denies everybody the first time?
It is not true that everybody is denied the first time. However, a majority of claims are denied at the initial and the reconsideration levels. It is important not to give up if you and your doctor believe your are unable to work and to make sure that all appeals to the next step are filed on time.
Social Security | Political/Government Law | Newsroom | Home