Social Security FAQS

Social Security FAQs

Attorney Fink and her staff love to answer your Social Security questions. Give us a call at 1-800-248-1729 and we will be happy to answer any of your questions at no cost. You will not owe us a thing, not even the price of a phone call.

Here are the top three questions that we are frequently asked:

CAN I GET SOCIAL SECURITY DISABILITY/SSI?
Answer: THAT DEPENDS

According to Social Security “The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of 12 months.”

What does that mean?

It means that your condition or conditions must keep you from working on a full-time basis and have done so or will do so for at least a year. Also, there are two different Social Security programs that provide benefits for the disabled, Social Security Disability (sometimes called SSD or SSDI) and/or Supplemental Security Income (SSI). Your eligibility for these programs depends on how long you have worked, if you have worked and/or your present source of income. Some people are eligible for one or the other, some are eligible for both and some are eligible for neither. The best thing for you to do is apply for benefits.

HOW DO I APPLY FOR BENEFITS?
The Social Security Administration makes it fairly easy to file your application for SSD and/or SSI. You can file your claim online by going to: www.socialsecurity.gov/applyforbenefits.

If you are not a computer person, you can also apply for benefits by calling the Social Security Administration at 1-800-772-1213. They will give you a telephone appointment or you can also call your 1-800-772-1213 and they will schedule an appointment with your local Social Security Office to file in person. The Social Security Administration also offers help for the hearing impaired, the sight impaired, even an interpreter for those with language barriers.

There are several things that you will need to process your application, and I always say “have them ready before you start, it makes life easier.”

The names, addresses and phone numbers of your doctors. If you have their cards, that’s perfect. (Include physical therapy, mental health treatment, hospitalizations and/or ER visits)

The names, milligrams and daily amounts taken of all the medications you are currently taking. (Making a list from the information on the bottles makes this easier, and you have a list you can carry with you for emergency purposes.)

Your work history for the past 15 years. (Don’t worry if you don’t remember, Social Security knows better than you where you have worked.)

You do not need your medical records, Social Security will request your records at this stage of the application process.

DO I NEED A LAWYER?
Now there’s a question – I usually say that you do not need an attorney to apply for benefits; however: AS SOON AS YOU RECEIVE YOUR FIRST DENIAL CALL ME!!!!

Social Security has made the start of the application fairly easy for you to do on your own and we will answer any of your questions that you may have about the application process at no cost. So you usually can get the application started without an attorney.

Most people will receive a denial of their application within about 3-6 months of filing the claim. If you are one of the lucky few who are granted benefits on the initial application, you should not have had to pay an attorney to file that application for you. If you are denied, (which most people are) you should call me as soon as you receive your denial. We have 60 days to file an appeal of the denial. This is where things become more complicated.

At this point, your file will go to an Office of Disability Adjudication and Review to be scheduled for a hearing in front of an Administrative Law Judge to decide your claim. You will usually be required to go in front of the Administrative Law Judge for a hearing to present the medical/legal argument, the medical evidence, and testimony to support why it is an Administrative Law Judge should find you disabled. In my opinion, you should NEVER appear in front of an Administrative Law Judge without an experienced attorney who practices in Social Security Disability and Supplemental Security Income. Also, at this point the Social Security Administration usually would have not updated your file, which is VERY important as the medical evidence is one of the most important factors that the Judge will rely upon to decide your claim. The hearing in front of an Administrative Law Judge is the most important part of the process. If you are denied at this stage, ALL appeals look back on what happened at that hearing. It is really important that you are properly represented and prepared for the hearing. You need to be very careful in deciding who will represent you in your claim.

AND OUR MOST FREQUENTLY ASKED QUESTION

WHAT ARE THE FEES AND COSTS FOR AN ATTORNEY?
Our office never charges a fee unless we WIN your claim. Our fee is a contingent fee, which means you only are charged if you win.

The fee for ANY attorney representing individuals in Social Security claims is usually 25% of your past due benefits and is regulated by the Social Security Administration. The Social Security Administration will withhold this amount from your past due benefits (no fees are taken out of your future monthly benefits). Also, our office will pay for the costs for obtaining your medical records during our representation of you in this process. We know that this is one of the most difficult times in your life and you do not have extra money to pay for medical records. You will be required to reimburse our office for the medical record costs when and if you win your claim. Our office tries to make this process as easy for you as possible during a most difficult time in your life.

BE CAREFUL: The Social Security Administration has recently allowed Advocates to represent people in front of the Administrative Law Judges. An Advocate is not necessarily an Attorney, but you may end up paying an Advocate the same amount that you would an experienced attorney. (Does that make sense to you?)

CALL THE LAW OFFICE OF N. LEAH FINK AT
1-800-248-1729