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FAQ's

Understanding Social Security Disability (SSD)

FAQ #1: Am I eligible for money and benefits?

You may be eligible for SSD benefits if you worked in jobs covered by Social Security and have sustained a serious injury and/or a medical condition that falls under the Social Security Administration's definition of an impairment, which is expected to last 12 months or more and prevents you from engaging in gainful employment.

FAQ #2: When should I apply for money and benefits?

You are allowed to wait up to 17 months after you stop working without losing any past-due money and benefits. However, Social Security benefits are paid based on the date you file your application, so the sooner you apply the quicker you will be entitled to receive money and benefits if you are found to be disabled.

FAQ #3: What do SSD benefits cover?

SSD benefits include monthly cash payments that relate to the amount of money you paid into the system. Many states also provide Medicare to people who are eligible for SSD benefits.

FAQ #4: I have been denied money and benefits, what should I do?

In some states, you have four levels of appeals following an initial denial for money and benefits. You may:

  • Ask for a reconsideration with another decision maker
  • Request an administrative hearing with administrative law judge
  • Petition for review with the Social Security Appeals Council
  • Appeal a denial to federal district court

FAQ #5: Are there money and benefits available for my spouse or children?

Yes, the Social Security Administration's various disability programs will in certain circumstances, provide money and benefits to spouses, minor children, disabled adult children, widows, widowers and in some cases, even former spouses – all on the basis of your work history.

FAQ #6: What medical benefits can I expect?

If you are approved for SSDI, you will have Medicare coverage beginning 24 months from the date the Social Security Administration (SSA) says that you became disabled (plus a five month wait period). If you are approved for Supplemental Security Income (SSI) benefits, you will be provided with immediate medical coverage via the Medicaid program in your state.

FAQ #7: How much do our services cost?

First, we do not get paid anything unless we win your case and recover money and benefits for you. You will not have to pay an up-front fee to retain us either. And if we win your case, the law limits our fee to 25 percent of your past-due money and benefits or $6,000 (whichever is less).

If your claim does not result in past-due money and benefits, we charge a fee based on services we performed but which cannot exceed 25 percent of the total money and benefits we recover for you and again cannot exceed $6,000. The government must approve these fees and most, if not all lawyers and non-attorney representatives will charge you this same amount – regardless of how much experience they have in the Social Security Disability system.

FAQ #8: What fees will I be responsible for?

The only fee you are responsible for that you must pay out of your pocket, is the cost of obtaining copies of your medical records. Most doctors are willing to work out a payment plan or even waive the fee entirely if they know that this is your responsibility. You don't have to pay attorney fees unless we recover money and benefits for you. Then the national government approves our fee, which will never exceed $6,000.

Disclaimer: The law is subject to change.

FAQ #9: Can I receive workers' compensation and Social Security Disability benefits at the same time?

Yes, it is possible to receive both types of benefits at the same time. However, Social Security benefits may be reduced depending on your earnings and the amount of your workers' compensation benefit. We can quickly assess your situation and let you know whether this is likely to happen in your case.

FAQ #10: I was unable to do my job for more than a year because of a disability but have now returned to work, can I still obtain money and benefits for the time period when I was not working?

In some cases, the answer is yes. This type of disability claim is known as a "closed period claim." In general, they can be more complicated than the standard type of disability claim but our team is ready to help you get the money and benefits that you deserve and need.

FAQ #11: What happens if I return to work?

In most cases, you can try to return to work after you became disabled without losing your money and benefits. That said, you must make less than a certain amount of money and must stop working after a few months because of your disability. This is a complicated decision and you should speak with a Social Security Disability attorney and your doctor about it before making a decision so you are aware of the consequences and make the best possible choice.

No Attorney Fees Unless We Win

You won't have to pay any lawyer fees unless and until we win your claim and get money and benefits for you.

Free Consultations: 888-801-1914

To learn more about our practice or to get answers to other questions you have about Social Security Disability benefits, call our office now at the toll-free number listed above or contact us online.

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