| Attorney Matthew Crum devotes considerable time to investigating and preparing the claims for each of our disability clients. We do not accept every claimant as a client, but carefully screen the cases so that we can provide this individualized attention. | |||||||||||||||
| To receive benefits under the Social Security disability and Supplemental Security Insurance (SSI) programs, you must have physical or mental health problems severe enough to keep you from working in any regular paying job for at least twelve months. The issue is not whether you have been unable to get a job recently or whether you could go back to your old job. The test is whether you can do a significant number of jobs in the national economy.
The Social Security Administration applies complicated regulations to decide your |
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| case. It examines your medical condition, ability to work, age, education, training and work experience. The agency often uses medical and vocational experts to decide whether you should receive benefits.
Social Security disability is not a program to reward individuals who are too lazy to work. It is designed for those who have serious medical or mental problems. The agency is very effective in weeding out people trying to cheat the system. |
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| Many disabled people become discouraged after they are denied their application for benefits. They may be tempted to give up their claim. However, about 60% of all applicants | |||||||||||||||
| are denied benefits initially, but many ultimately receive benefits. If you are an individual who is seriously disabled but have been denied benefits, you should contact your Social Security office and file an appeal. | |||||||||||||||
| The first step in an appeal is called reconsideration. You should remember that people are denied their requests for reconsideration so often that many attorneys think of it as just a necessary step before asking to go before a judge.
After being denied reconsideration, you have 60 days to ask for a hearing in front of a judge. This is the most important step of the appeal process and is where someone with a real claim of disability has the best chance of winning. More than half of the people who go before a judge win their benefits. The hearing takes place before an administrative law judge. While testimony is taken under oath, the hearing is informal. The judge and/or your attorney will ask you about your medical condition, medical history, abilities, education, training, work experience and the limitations caused by any disability that you have. Witnesses such as medical doctors or vocational experts may testify at the hearing. You have the right to question any witnesses who are called to testify. |
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| Social Security regulations do not require you to hire an attorney to represent you in the appeal process. However, more people who hire attorneys receive their benefits than those who do not.
Attorneys do more than sit in at hearings and ask questions. Much pre-hearing preparation, analysis, and evidence gathering go into good representation in a disability case. An attorney will guide you through the regulations that will determine how a judge will rule on your case. If you choose to have an attorney represent you at the hearing, you should not wait until a week or two before the hearing date to contact an attorney. The earlier the attorney is able to start preparing for the hearing, the better your chances of success. |
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In order for your attorney to prepare your case, you will need to give them all letters and notices from the Social Security Administration plus a list of your medical providers and a detailed work history. Attorneys charge clients in different ways, but the Social Security Administration must approve all fees. Most attorneys don’t charge unless you win your case. They usually limit their fees to 25% of your back benefits or $5,300, whichever is less. The Social Security Administration will withhold 25% of your past due benefits and pay the attorney. Nothing is withheld from your monthly payments to pay attorneys fees. |
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| It is important for you to receive qualified professional care on a regular basis for any disability, whether it is physical or mental. Consistent attention by a qualified professional (medical, chiropractic or other) may help you overcome your limitations so that you can return to work and not need to apply for Social Security benefits. And if your condition does not improve, regular professional care is very important to prove to the judge that you are disabled. | |||||||||||||||
2010 Matthew B. Crum - Attorney & Counselor At Law