Social Security Disability

The attorneys at Reynolds, Gold & Grosser, P.C. can handle your Social Security case at any stage in the claim process. Remember, you never pay us a fee unless we win your case and you receive disability benefits.

As your attorney we will:

  • Provide you with a thorough evaluation of your claim.
  • Act as your liaison with the Social Security Administration.
  • Submit all of your paperwork to the Social Security Administration.
  • Obtain all available and relevant medical documentation on your case.
  • Prepare you for a disability hearing with a Judge.
  • Handle any necessary appeals of your case.
  • Make sure you receive all the benefits you are entitled to.

Contact us now for help with your Social Security Disability claim. Your first consultation is ALWAYS free. We can give you the advice you need when you need it most.

What are the types of Disability Programs?

There are primarily two types of disability programs available through the Social Security Administration (SSA).

Social Security Disability (SSD) is a benefit program for those who have worked and paid Social Security taxes for 5 out of the last 10 years, and are now unable to work at any job due to physical and/or mental illness. The amount of your benefits is based on the amount of Social Security taxes you have paid over your working life.

Supplemental Security Income (SSI) is available to those who are unable to work at any job and whose income and assets fall with certain limits. Children (anyone under 18) may also qualify for SSI benefits. The SSI program is financed through general tax revenues.

For either SSD or SSI, in most cases you must be able to prove that you can no longer perform any of your former jobs or any other type of work that exists in the national economy no matter whether you want to work in that type of job or accept the pay rate for the job. Your condition must also be one that will last 12 months or longer. For children to qualify, it must be shown that children have problems in certain areas of functioning.

Each person’s case is different so it is best to call our office if you have questions about the available disability programs and your eligibility for benefits.

What are the Benefits I May Be Entitled To?

For SSD, the Social Security Administration uses a mathematical formula based on your average lifetime earnings and the total number of years you have worked to calculate the SSD benefit amount. You may also receive a Medicare card.

For SSI, your benefit amount depends on your living arrangements, the income your household receives and the assets owned by your household.

Contact us now for help with your Social Security disability claim.

SOCIAL SECURITY DISABILITY / SSI.

We have grouped together common questions we receive from our clients as their disability claims are being processed by the Social Security Administration. The answers set forth below are meant only as a guideline and will give you some general information. Please contact us for more information concerning your claim.

1. Basic Questions About Social Security Disability.

A. What is Social Security Disability?

Social Security Disability is a federal program that pays cash benefits to people who, because of physical, emotional or mental disability are unable to work for at least 12 months. There are different guidelines and regulations which determine if a child (anyone under 18) is eligible for benefits.

B. How Do I Apply for Social Security Benefits?

You can apply by going to the Social Security office nearest to where you live and filling out an application. You can also apply by calling the nearest Social Security office. A Social Security employee will then make an appointment for your application to be taken over the telephone.

C. Will Disability Benefits Replace All of My Lost Income?

Disability Benefits will not replace all of your lost income, but it is a safety net.

2. Time Frame for Getting Benefits.

A. How Long Does it Take to Receive Benefits?

The length of time varies widely. A disability claim can be approved at the initial application level. For these people, benefits can start as early as a few months from the time their application is filed.

However, most disability claims are denied at the initial level and then must go through the hearing stage before they are approved. The hearing stage involves a meeting with a disability Judge who will review your medical records and listen to what you say about your problems and why you cannot work. The Judge makes a decision to approve or disapprove your claim for benefits. On average, it can take 22-24 months to get a hearing with a Judge. If your claim is approved it can take another 5-6 months before you receive benefits.

3. Medical Support

A. I Do Not Have A Doctor that I See Regularly. How Will I Prove I am Disabled?

It is very important to see a doctor so that your medical problems can be documented by Social Security. The more a doctor treats you for your disability related medical problems, the better the chances of winning your disability claim.

B. My Doctor Thinks I Can Work, but I Do Not Feel I Can Because of My Problems. Should I Change Doctors?

You should consider at least consulting with another doctor. It is extremely important to your disability claim to have your doctor’s support. However, you must also consider what is best for you medically. It is important to weigh the possible benefit of switching doctors against any medical risk you might be taking.

4. Initial Determination.

A. What Should I Do if Social Security denies my Application the First Time?

For many people, receiving a denial is a major setback. Although they have been told to expect the worst, it can come as a shock and be very discouraging. Even those who are otherwise emotionally healthy can get worn down simply by the long process of obtaining disability benefits. It is very important to not get discouraged and to be patient. Please contact us immediately for an appointment so that we can file a request for a disability hearing for you in order that your claim keeps moving through the process.

B. How Long Do I Have to Request a Disability Hearing After I Get my Denial Letter from Social Security?

You usually have 60 days from the date you receive your denial letter to file a form called Request for Hearing by Administrative Law Judge. However, under certain circumstances, Social Security will accept your Request for Hearing late if you can show a good reason for not filing it in the required 60 days.

If you miss the deadline to file your Request for Hearing, Social Security will close your case. However, you are entitled to contact Social Security to fill out another application for benefits and start the process again. In addition, you can request that your prior application be reopened.

5. Social Security has Denied My Claim Saying They Believe I Can Work but Who is Going to Hire Me with My Medical Problems?

A. While the reality is that many employers do not want to risk hiring someone with significant health problems, Social Security does not consider this in their evaluation of your claim. In addition, they do not consider if other jobs pay less than you are accustomed to or if there are jobs you would not want to perform.

For individuals younger than 50, Social Security only considers whether you are physically and/or mentally capable of performing any type of jobs that exist in our national economy.

For individuals over age 50, there are different rules, i.e., you may quality for disability benefits if you are unable to do any job you have worked at in the past and you have not acquired skills from your past jobs that could be used in other, less demanding jobs.

6. My Doctor Says I am Disabled and He Even Suggested I Apply for Disability, Why Doesn’t Social Security Believe My Doctor’s Opinion?

A. Social Security has very specific guidelines to determine eligibility. They do not accept general statements by your doctor such as “This patient is disabled.” Their response is that the decision of disability must be made by them and not your doctor.

However, it is very important to obtain all information possible from your doctor to improve your chances of winning. That is why it is so important to work with an attorney who is familiar with the Federal Disability laws and regulations.

7. Workers Compensation.

A. I Was Awarded Worker’s Compensation Benefits. Will the Fact I was Given a Worker’s Compensation Disability Rating Mean that I Am disabled under the Social Security Law?

Winning Worker’s Compensation benefits will have little impact on Social Security’s decision to award or deny you disability benefits. However, if you win your Social Security claim and have previously received a lump sum award for Worker’s Compensation benefits, the amount of Social Security benefits could be affected.

If you are in the process of applying for Social Security benefits and are also in the process of settling your Worker’s Compensation claim, please consult your Worker’s Compensation attorney about this situation before deciding on the terms of your Worker’s Compensation Settlement.

8. Social Security Benefits - Temporary vs. Indefinite.

A. What if I Was Out of Work Due to Disability, but I Have Since Returned to Work? Can I Get Benefits for the Time I Was Off?

Social Security requires that you be disabled from working for at least a full year in order to collect disability benefits (however, you can apply for benefits before the year is up; but if you do, your doctor has to support your claim that you will be out of work for at least a year due to disability).

If you later return to work, you may still qualify for benefits at least for the period you were off due to disability. This is called a “closed period of benefits.” However, there are certain rules and regulations that may not entitle you to benefits unless you are unable to work for more than 5 months.

9. Attorney Fees.

A. I Do Not Have Money to Hire an Attorney, How Will I Pay Your Fee?

Our attorneys work on a percentage basis. This means you only pay for our services if you win your case and receive disability benefits. You will not pay an attorney fee until you receive your benefits. You may also be responsible for costs or expenses associated with your case if you win. As an example, if our firm is asked by you to collect your medical records we must pay your medical providers for them. In that case, you will be charged for the expense.