Carl Silver Law
   
 
Social Security FAQ | Carl C. Silver Law
                                                 230 S. Third Ave.
                                                 Alpena, MI 49707


Carl C. Silver Law - Social Security Alpena

HAVE YOU BEEN DENIED SOCIAL SECURITY DISABILITY BENEFITS?
CONTACT US NOW FOR A FREE CONSULTATION.
 
- What is Social Security Disability (SSD)?

- What is Supplemental Social Security Income (SSI)?

- How do I apply for SSD or SSI?

- Who decides if I am eligible for disability?

- How do I appeal my Social Security Disability denial?

- What do I need to prove to show I am disabled?

- How long does Social Security SSI or SSD last?

- What if the administrative law judge does not rule in my favor?

- What if I am denied by the office of hearings and appeals?

- Can you handle your disability claim or appeal hearing yourself?

- What are the fees for handling a Social Security disability case?

- I want to apply for disability, but I have a lot of money in the bank. Do I have to wait until this money is gone before I apply?

- How long do I have to wait after I become disabled before I can file for Social Security disability benefits?

- Can I file a claim for Social Security disability benefits while drawing worker's compensation benefits?



-What is Social Security Disability (SSD)?

Social Security Disability is an entitlement program created by Congress to assist people who can no longer work due to physical and/or mental impairments. Generally it is long term disability. The monthly benefit is based upon how much you earned prior to becoming disabled. Generally to be eligible for Social Security Disability you need to have worked and paid in taxes for at least 5 of the last 10 years prior to when your disability began to be "insured" under Social Security. In other words, if you stopped working in June of 2010, you remain "insured" through June, 2015. However, if you can show that you became disabled prior to June of 2015, you may still be eligible.

Back to top.


-What is Supplemental Social Security Income (SSI)?

SSI is also an entitlement program. Although the same definition of disability applies, it does not require that you have any prior work history. It does require that you meet minimum asset requirements. In other words, you must be quite poor in order to qualify for SSI. It is not necessary that you have enough work credits or perhaps you have never worked at all. In some cases a person is eligible for both Social Security Disability (SSD) and Supplemental Security Income (SSI). For SSI there is a limit as to how much income your household has and how much money you can have in the bank. More information is available at the Social Security's website which is www.socialsecurity.gov.

Back to top.


-How do I apply for SSD or SSI?

There are several ways to apply. Perhaps the easiest is to apply online by going to www.socialsecurity.gov/applyfordisability/.. Another way is to call or go into your local Social Security office. Generally you do not need an attorney for the application process. The Social Security Administration is quite helpful in assisting you with gathering the information you need. The important thing for you to remember is the more information you provide to the Social Security Administration, the more likely your claim will be granted. If you are unable to complete the forms, we can help in that regard.

Back to top.


-Who decides if I am eligible for disability?

Your disability application will be decided by an agency of the State of Michigan. It is independent from the Social Security Administration. Approximately 80% of initial applications for Social Security are denied. The biggest problem with Social Security applications is that when someone is denied they often fail to follow-up on their claim and appeal the denial to an Administrative Law Judge for hearing. If you are denied on your initial application, you have 60 days after the denial to file an Application for Hearing before an Administrative Law Judge. If you fail to do so within the 60 day period and do not have any reasonable justification for failing to do so, you will have to start over.

Back to top.


-How do I appeal my Social Security Disability denial?

This is perhaps the best time to call a Social Security Disability lawyer. Although you can do it yourself, the fact that you were denied is evidence that you need assistance. An attorney can help you fill out the forms and lead you through the process of preparing for the Social Security Disability hearing before an Administrative Law Judge.

Back to top.


-What do I need to prove to show I am disabled?

In order to show that you are disabled you need to show that you are unable to do any work which exists in the national economy based on a condition that has lasted or can be expected to last 12 months or result in death based on your age, education and experience. This is a difficult definition to meet. It is much more difficult than Worker's Compensation or Short Term Disability programs. It needs to be shown at your Administrative Law Judge hearing that based on your physical and/or mental impairments that there are no jobs which exist in the national economy in significant numbers which you are able to perform. Attempting to represent yourself before an Administrative Law Judge is not wise. There is an old adage: "He who represents himself is a fool". The reason for this is simple. How do you ask yourself questions at a hearing? Moreover, an experienced attorney is well voiced in the laws and what is expected by the Administrative Law Judge at the hearing. An experienced attorney knows what the Administrative Law Judge is looking for and with your assistance has come up with a theory which should enable you to persuade the Administrative Law Judge that you are disabled. The majority of appeals to the Administrative Law Judge are successful.

Back to top.


-How long does SSI or SSD last?

Generally, an award of Social Security Disability whether SSI or SSD is lifetime. However, there are situations where people recover from illnesses which cases are either reviewed or closed end awards. There is no "partial" disability. Either you are 100% disabled or you are not.

Back to top.


-What if the administrative law judge does not rule in my favor?

If the Administrative Law Judge does not rule in your favor, you do have the right to appeal the decision to the Office of Hearings and Appeals. However, this appeal is basically confined to the facts based on the record created at the Administrative Law Judge hearing. However, they do accept additional medical evidence. Again, this is something that you want to have handled by an experienced attorney.

Back to top.


-What if I am denied by the office of hearings and appeals?

If you are denied by the Office of Hearings and Appeals, you do have the right to appeal your case to the United States District Court which is a federal court proceeding. This is rarely done since the time required to get to this stage could be as long as 5 years, which most people cannot tolerate emotionally or financially.

Back to top.


-Can you handle your disability claim or appeal hearing yourself?

Careless responses in Disability Report Activities Questionnaires can be fatal to your claim before you even get to a hearing. Further, when you go to a disability appeal hearing, the Social Security Administrative will have medical and/or vocational experts who may testify against you. If you are capable to dealing with a vocational expert at a hearing, then the Social Security Administrative would probably consider you capable of doing just about anything, including working.

Back to top.


-What are the fees for handling a Social Security disability case?

The fees for handling Social Security Disability and SSI cases are standardized. Attorneys are paid 25% of any retroactive benefit up to $6000.00, whichever is less. This is true regardless of who you employ as your Social Security Disability attorney. You may, however, be responsible for the costs of obtaining medical and/or other records regardless of whether you win or lose. However, if you do lose your Social Security Disability or SSI claim, you would not be responsible for any attorney fees.

Back to top.


-I want to apply for disability, but I have a lot of money in the bank. Do I have to wait until this money is gone before I apply?

No. Social Security Disability (SSD) is not asset based and having money in the bank would not preclude you from filing for Social Security Disability benefits. Also, you may be eligible to receive other benefits at the same time such as a pension and/or worker's compensation which is often prorated with your Social Security.

Back to top.


-How long do I have to wait after I become disabled before I can file for Social Security disability benefits?

You should not have to wait more than a day. You can file for Social Security Disability benefits the same day that you become disabled. Many individuals make the mistake of waiting months or even years before making their application. If you suffer from a serious illness or injury and expect to be out of work for a year or more, you should not delay in filing a claim for Social Security Disability benefits.

Back to top.

-Can I file a claim for Social Security disability benefits while drawing worker's compensation benefits?

Yes, you can file a claim for Social Security Disability while drawing worker's compensation. You do not have to wait until the Worker's Compensation ends and you should not wait that long.

Back to top.
















  

Website Design by Model Web Solutions

Copyright © 2011 All Rights Reserved.