Social Security Disability
Disability Law
Let us put our years of experience in disability law to work for you
Resources for Social Security Disability
HELPFUL LINKS
National Organization of Social Security Claimants' Representatives
Disability FAQ and information
Social Security Online
Disability411:The Podcast for Disability Info
Just Answer:Ask a Lawyer, Get an Answer ASAP!
Wikipedia: Social Security Disability
Expert Law: Social Security Online Question Forum
The National Organization on Disabilities
Online Social Security Support Groups
Free Case Evaluation: Tennessee and Alabama
HELPFUL ARTICLES
What Social Security looks for in SSI and SSD disability cases?
Social Security Expands Compassionate Allowances
How to be your own Social Security Disability Advocate
Social Security Disability Mistakes to Avoid
About Dale Buchanan & Associates
Q:What is Social Security Disability?
A:The Social Security system is quite simple. When you work, you pay taxes into Social Security. The tax money is used to pay benefits to:
- People who already have retired;
- People who are disabled;
- Survivors of workers who have died; and
- Dependents of beneficiaries
Q: Do I need a attorney to file for or receive Social Security Disability benefits?
A: Every case is unique but your attorney will usually do all or some of the following:
- Evaluate your case under Social Security regulations
- Gather medical and other evidence to support your case
- Contact your doctor and explain Social Security regulations to obtain reports consistent with those regulations
- Obtain documents from your Social Security Disability file to strengthen your case
- Advise you on how to best prepare for your hearing
- Protect your rights to a fair hearing by objecting to improper evidence or procedures
- Takes care to make sure you get the right benefit amounts in the event that you win
- If you lose the case, requesting a review of the hearing decision by the Social Security Administration’s Appeal Council
Q: Can I afford representation?
A: Many Social Security law firms offer free consultations to determine if a claimant has a viable case and to let the claimant determine if he or she is interested in securing their services, all at no cost or obligation. In addition, many law firms handle cases on a "contingency" basis, meaning that the client does not pay any legal fees unless they win.
Q: What is the definition of disability used by Social Security?
A: Under the federal Social Security Disability Act, "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less than 12 months or result in death."
Q: How does Social Security determine if I am disabled?
A: Social Security is supposed to gather your medical records and carefully consider all of your health problems, as well as your age, education, and work experience. In general, Social Security is supposed to decide whether you are able to do your past work. If Social Security decides that you are unable to do your past work, they are supposed to consider whether there is any other work you can do considering your health problems and your age, education, and work experience.
Q:How long do I have to wait after becoming disabled to file for Social Security disability benefits?
A: Not even one day. You can file for Social Security disability benefits on the very same day that you become disabled. To prevail in a claim though, there must be medical proof that you meet the standard. There is no reason to file a Social Security disability claim if one has only a minor illness or one which is unlikely to last a year or more. However, an individual who suffers serious illness or injury and expects to be out of work for a year or more should not delay in filing a claim for Social Security disability benefits.
Q: What can I do to improve my chances of winning my Social Security disability claim?
A: Be honest and complete in giving information to Social Security about what disabilities you have. For example, many people fail to mention their psychiatric problems to Social Security because they are embarrassed. But these facts could be what helps you win your claim. Besides being honest with Social Security, the most important thing you can do is just keep appealing and hire an experienced attorney to represent you. It is important to appeal because most claims are denied at the initial level, but are approved at higher levels of review. Statistically, people who employ an attorney to represent them are much more likely to win than those who go unrepresented.
Q: What is a Social Security hearing like?
A: The hearings are fairly informal. The only people likely to be there are the judge, a court reporter, you and your representative. In some cases, the Administrative Law Judge has a medical doctor or vocational expert present to testify at the hearing. There is no jury, no spectators and no attorney for Social Security.
Q: If I am approved for Social Security disability benefits, how much will I get?
A: For disability insurance benefits, it all depends upon how much you have worked and earned in the past. For disabled widow's or widower's benefits, it depends upon how much the late husband or wife worked and earned. For disabled adult child benefits, it all depends upon how much the parent worked and earned. For all types of SSI benefits, there is a base amount that an individual with no other income receives. Other income that an individual has reduces the amount of SSI which an individual can receive.
Q: How long does it take before Social Security makes a decision once I file a claim for Social Security disability benefits?
A: In most cases Social Security makes the first decision within four months.