No, we do not take initial social security disability applications. However, if you believe you are qualified and your application has been denied, we are here to help.

The official definition from the Social Security act is the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”

SSI benefits are for individuals with little or no work history. This would include children whose parents meet the income criteria of SSI. Individuals who receive SSI benefits may also be entitled to Medicaid. SSDI benefits are for individuals who have an extensive work history. Individuals who receive SSDI benefits will also be entitled to Medicare benefits.

Apply as soon as you and your doctors agree that your disability is going to last a full year. You are not eligible for Social Security Disability Benefits if your condition doesn’t last a full year, so many people have to wait for a while to see what happens with their medical conditions. Others who have been struggling to work in spite of their disability and know the condition is not going away should apply as soon as they stop working.

Sometimes it is not different. If, for example, you had an injury on the job or you have a car accident on the way home from work, it may be the same day. But sometimes our injury may be unrelated to your work, or it may have occurred at a different time. Then your onset date would be the date that you were hospitalized or injured, not the last day you worked.

Generally, you have only 60 days to appeal any denial of Social Security Disability Benefits, so it is extremely important to contact our office as soon as you receive the denial.

There is the Initial Application stage. You have 60 days to appeal after the initial denial. Most people are denied at the initial application. Once you have received the initial denial, contact our office immediately to make an appointment to request a hearing. The second stage is the most critical. It is the hearing stage. This is where you meet the Administrative Law Judge. If you are denied at a hearing, you have 60 days to appeal to the Appeals Council. If you lose at the Appeals Council, you have the right to file in federal court, though generally this is extremely difficult and cannot be done successfully without an experienced lawyer.

Each state has a separate state agency that is responsible for making the initial medical determination on a disability case. The amount of time depends on what state you are in. Generally, 6 months is not unusual.

Yes, appearing at the hearing is helpful to your claim and can increase your chances of winning. It is an opportunity for the judge to see firsthand why you can’t work and the hardship you have endured as a result. This is also a chance for you to explain any inconsistencies in your medical file that the judge may have an issue with.

Typically, the hearing will take place approximately one year from the time the hearing is requested. The hearing office will contact our office to coordinate a date and time for the hearing about three months prior to the hearing date.

Some judges will try to conduct an early review of the cases they can easily grant because the medical evidence is so strong. If you have very strong medical evidence or a very serious condition, we will submit what is called an “on-the-record” letter to the judge hoping to expedite the matter. We write to the judge, summarizing the overwhelming evidence of disability in the hope that the judge will agree and grant benefits without the need for a hearing. However, some judges never grant on-the-record letters. If you are assigned to one of those judges, there’s not much you can do but wait for the hearing. Sometimes requesting an on-the-record decision is not the most beneficial strategy because it could prompt the judge to seek further evaluation that may conflict with your treating doctors. Therefore, on-the-record requests will be at the discretion of the attorney, based upon the entirety of the case.

It is generally better to appeal rather than re-file. There are some times, however, particularly after denial at the Appeals Council stage, that you may want to do both, especially if there is some new medical proof that makes your case stronger than before.

The best cases are those where medical evidence is extremely strong. In particular, the strongest cases are those in which your doctor supplies a residual functional capacity evaluation. In addition, age and severity of your disability and sometimes your past work play a large role in determining the strength of your claim.

A fee for a lawyer or a person eligible to receive direct payment is usually 25% of the past-due benefits, but most representatives only get paid if you are successful. During the hearing stage, a fee is capped at $6,000. This cap is set by the Commissioner and is always subject to change. If your case is appealed to the Appeals Council and beyond, the fee is 25% without a cap. You don’t owe anything unless you win your case.

It is almost always best to be represented. The Social Security process is not easy and can become quite complicated when there are deadlines to meet and specific evidence to obtain. Our staff is highly trained and experienced in Social Security law as well as being familiar with what the judges are seeking in terms of evidence when determining a disability claim. At the hearings, there are often doctors and vocational experts who testify, and it’s almost impossible for a person untrained in these areas to effectively cross-examine either.

Sometimes the judge will indicate what decision he or she is inclined to make regarding your case. However, more often than not, you will have to wait until you receive the decision in the mail to know the outcome of the hearing.

The Appeals Council estimates that it could take up to 30 months to review your appeal. However, this is rare. Once your case has been at the Appeals Council for 18 months, my staff will call to expedite the claim. It’s not abnormal.

Assuming there is nothing complicated about your particular circumstances, benefits can be paid in as little as 60 days. For Supplemental Security Income (SSI) claimants, if there is an emergency financial situation, you might be able to get benefits processed more quickly by going in person to the local office and explaining your dire financial needs.

It is possible to request disability for what is called a “closed period” if your disability has lasted a full year or more. This would mean that you are only eligible from the onset date to the date you were able to return to work. There would be no ongoing benefits in cases like this.