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Know your rights for Social Security Disability Benefits
Am I eligible for Social Security benefits?
If you are disabled due to any medical condition whatsoever, and unable to perform any kind of work which exists in the national economy, you may be entitled to Social Security benefits. The medical condition(s) need not be work-related, but they must be of a severity such that it will prevent you from working for at least twelve months.
What types of benefits are available?
Social Security benefits fall primarily into two categories: (1) Social Security Disability, or "SSD"; and (2) Supplemental Security Income, or "SSI." They both have the same medical requirements, but they differ in other ways. If you have worked on the books for at least ten years, you may qualify for SSD benefits the same as you would for regular retirement benefits. If you do not have a work history or did not pay taxes on earnings in the past, you may qualify for SSI benefits if you are eligible for public assistance. Other potential recipients of Social Security benefits include children of disabled individuals, adult disabled children, and disabled widows and widowers.
How can Terry Katz & Associates help?
At Terry Katz & Associates, P.C., we handle disability claims at all stages from the initial application up to and including filing a suit in federal district court. We charge no fee unless your case is awarded favorably. The fee equals 25% of any retroactive benefits you are owed and it is automatically withheld by the Social Security Administration and paid directly to us. The best way to ensure a favorable outcome is to consult with a knowledgeable and experienced legal professional like the ones you'll meet at our firm. We have represented claimants across the United States and guided them through the complicated process of completing forms, filing appeals, obtaining medical evidence, and complying with Social Security Administration's Rules and Regulations.
What happens once I am collecting benefits?
Once a claimant receives benefits he or she should also be aware that disability cases are reviewed every three to five years, by the Social Security Administration. Likewise, they may threaten to cease your benefits altogether. Finally, the Administration may allege that you have been overpaid and demand that you repay at least a portion of the benefits you received in the past. These "Continuing Disability Reviews," "Cessation," and "Overpayment" cases can be similarly complicated, especially from a procedural standpoint. As with the application process, we will advise you of your rights and fight hard to make certain that your pay status remains in effect.
Can I receive Workers' Compensation benefits and Social Security Disability benefits at the same time?
Yes, it is possible to receive both types of benefits at the same time. However, depending on your earnings, and how much money you are receiving in Workers' Compensation, it is possible that your Social Security benefits could be reduced. If you contact us directly, we will be able to tell you if you are likely to have your benefits reduced.
What do I have to prove in order to get Social Security Disability benefits?
The Social Security Administration has an extremely high standard for disability. Even if you are receiving disability benefits from another program, you might not meet Social Security’s definition of disability. You must prove that you are unable to perform the job you used to do, and that you are unable to perform any other job as well. The rules for people over 50 are a little different. For a more complete explanation, please do not hesitate to contact us.
Will I be entitled to health insurance if I win my case?
If you win your case, you will be either entitled to either Medicare or Medicaid. Which program you are entitled to depends on what type of disability benefits you are receiving. If you receive Disability Insurance Benefits, you will be entitled to Medicare. If you are found to be eligible for Disability Insurance Benefits, you will receive Medicare 24 months after your date of entitlement. If you receive Supplemental Security Income, you will be entitled to Medicaid. If you are found to be eligible for Supplemental Security Income, you will receive Medicaid immediately. The issue of medical coverage can be confusing, so please feel free to contact us with any questions that you may have.
What fees will I be responsible for? How much money will this cost me?
You are responsible for the costs of your medical records. When we request medical records from your doctor, they are generally allowed to charge up to 0.75 cents a page. We will also ask your doctor to fill out a questionnaire and/or draft a narrative report about your ability to work. Many doctors charge a fee for this, and you will be responsible for any such charges. Most doctors are willing to work out a payment plan or even waive the fee entirely. When the time comes, you should discuss this with your doctor.
What is the difference between Disability Insurance Benefits and Supplemental Security Income?
Both programs have the same medical requirements, however, there are several important differences between the two. Disability Insurance Benefits (DIB) are available to people who meet the medical requirements, and have worked five of the last ten years before they became disabled. The amount of money that they receive each month varies depending on how long they have worked and how much money they have made. The rules are different for those people under the age of 31. If you are under 31, please contact us for a more complete explanation.
Supplemental Security Income (SSI) is available to those who have not worked in a long time, or who have never worked. The amount of money you receive each month is fixed by the federal and state governments, and each recipient receives the same base amount. This amount can be reduced depending on how many assets you have. Generally speaking, SSI is only available to those who have limited to no assets. Social Security uses a complicated formula to determine if you are eligible. If you want to know if you will be eligible for SSI, please contact us.
Does the Social Security Administration administer any other disability benefit programs?
In addition to DIB and SSI, the Social Security Administration also administers several other disability programs. These programs are meant for widows and widowers who become disabled, and for the disabled children of those receiving disability, retirement, or survivors benefits from Social Security. There are several other requirements for these programs, so to see if you may qualify, please contact us.
Will my children receive benefits if I am found disabled?
Minor children under the age of 18 may receive up to 50% of your benefit amount. Generally, the child or children must be living with you or dependent on you in order to receive benefits. The benefit amount, unfortunately, does not change depending on how many children you have.
What happens if I return to work?
The government has many different rules on working during a period of disability, and you will not ordinarily be denied benefits if you perform some work. Generally, if you return to work after you become disabled, you must make under a certain amount of money and stop working after a few months as a result of your disability. The rules on work are very complex; we suggest that you call and speak to us regarding specific questions.
How much will your fee be?
It is important to remember that we does not get paid unless we win your case. You will not have to pay an up-front fee to retain us. If we win your case, our fee is either 25% of your past-due benefits or $5,300, whichever is less. If your claim does not result in past-due benefits, we will charge a fee based on the services we performed. Our fees are approved by the government and, if we win your case, the government will automatically pay us out of your past-due benefits. Please note that these fee amounts are set by Social Security and are common to most, if not all, law offices handling Social Security disability cases.
When should I apply for benefits?
You should apply as soon as you feel unable to work for at least 12 full months. Social Security benefits are paid based on the date you file your application, so the sooner you apply the more money you will entitled to if you are found disabled. Please remember that in order to be found disabled, you usually have to show that you are unable to do any job for at least 12 full months. We recommend that you apply 6-8 months after the date you last worked. You may wait up to 17 months after you stop working without losing any past-due benefits.
What happens when I apply for benefits?
When you first file for benefits, you enter the initial application stage. The application consists of a lot of paperwork, often asking you the same questions many different times. A disability analyst reviews your medical records and decides whether or not you are disabled. The process, from start to finish, takes about 4-6 months.
If you are denied at the initial application stage and live in certain states, you may appeal the decision by requesting a hearing before an Administrative Law Judge (ALJ). Statistically, you have the best chance of winning when you appear at a hearing before an ALJ. It is the only time you have the opportunity to appear before the person who decides your case. Unfortunately, the waiting period for a hearing is lengthy due to tremendous backlogs in the SSA, and there is very little that we or any other law office can do to decrease the waiting time.
If your case is denied by an ALJ, you may file an appeal with the Appeals Council. After a written appeal is submitted, a legal brief is filed which argues why the ALJ’s decision was improper and should not be upheld. The Appeals Council can either grant or deny your case, or they may send it back to the ALJ for another hearing. The Appeals Council process is conducted entirely through paperwork, and is usually very lengthy as well.
If the Appeals Council denies your case, your only other option is to file a civil action in district court. At that point you are no longer appealing to the SSA but to the district courts. Therefore, strict legal rules apply and there are different standards. Filing a civil action can be costly, time-consuming, and demanding on the representative. We decide on a case-by-case basis whether to file a civil action.
As you can see, filing for Social Security benefits can be a long and difficult process. At Terry Katz & Associates, we are well trained in handling these claims and will do everything we can to make the process easier and quicker for you. Please contact a member of our staff if you have additional questions or concerns; we are always here to help you.
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