Frequently Asked Questions

When navigating the complex world of Social Security disability claims, it’s common to have a lot of questions. Understanding the process, your rights, and the potential outcomes can greatly reduce anxiety and help you prepare for what lies ahead. Here, we address some of the most frequently asked questions that arise during the journey toward securing your benefits.

The journey through Social Security disability claims can be fraught with challenges and uncertainties. Knowing what to expect and where to turn for help can make a significant difference. If you have further questions or need support, don’t hesitate to reach out to our office. With the right guidance and representation, you can navigate this process with confidence.

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How long will this take?

If you are hoping for a disability attorney to quickly resolve your issues, you may find yourself disappointed. When you hire an attorney from the beginning of your case, they primarily assist you through the waiting periods while the Social Security Administration evaluates your claim, which can often feel like not much is happening.

Nonetheless, there are significant advantages to hiring an attorney early in the process. They can help ensure that you avoid mistakes that could jeopardize your claim at any stage, particularly if your case ultimately goes to a hearing. Familiarity with your case allows the attorney to represent you more effectively, especially during a hearing, as they will have a deeper understanding of your specific conditions.

Additionally, when completing your Adult Function Report, they can guide you in accurately detailing your impairments; many claimants unintentionally undermine their cases during this part of the process. Administrative Law Judges often interpret a person’s ability to perform daily activities, like caring for children or grocery shopping, as evidence of their ability to handle full-time work, so it’s vital to clarify whether you receive assistance, experience pain, or face other challenges.

Furthermore, a strong attorney-client relationship develops over time as your claim progresses from application to potential appeals, which is common in disability benefit cases. Lastly, if you encounter issues related to work credits, onset dates, or are working while claiming disability, an attorney can help you navigate these complexities and rectify any mistakes that arise.

Why should I even use an attorney?

Social Security Lawyer FAQ

What a great question.

Besides consulting a lawyer for free, if you are seeking a disability attorney to magically resolve your issues, you may be disappointed. Hiring an attorney at the outset of your case means that their primary role will be to accompany you as the Social Security Administration reviews your claim. You might experience long stretches where not much appears to happen, making it seem like your attorney is inactive. However, there are several benefits to bringing an attorney on board from the beginning.

First, they can help you avoid mistakes that could jeopardize your case now or later if you need to attend a hearing.

Second, they can familiarize themselves with your circumstances throughout this often lengthy process, so if a hearing is necessary, they will have a deeper understanding of your conditions compared to someone you hire only for that step.

Third, when it comes time to complete your Adult Function Report, they can ensure you accurately represent your impairments; I’ve seen too many reports prepared by claimants that ultimately harmed their cases at the hearing. Administrative Law Judges often interpret a person’s ability to perform daily activities, like caring for children or grocery shopping, as evidence that they can work a full-time job, so it is crucial to clarify that such tasks may require assistance or cause pain.

Additionally, a strong attorney-client relationship is built over the potentially lengthy duration of your claim, which often involves multiple appeals. Lastly, if you face issues such as work credit problems, onset date concerns, or working while claiming disability, an attorney can help prevent or address those mistakes as they arise.

What is the difference between SSDI and SSI benefits?

Social Security Lawyer FAQ

Let’s start with what they stand for: SSDI=Social Security Disability Insurance. SSI=Supplemental Security Income.

SSDI may be awarded when a claimant is found medically disabled and he or she has earned the correct number of work credits based on his or her age and he or she has not allowed those work credits to expire. The benefit is simialr to an insurance policy one pays into. Provided the policy is still valid, then a claim for benefits can be made.

It is important that if you are physically or mentally unable to work you do not wait too long to file. In most cases, after five years a claimant will lose eligibility to file for this kind of disability. Additionally, after two years of receiving SSDI, then the claimant can qualify for Medicare benefits.

In order to qualify for SSI benefits, a person still has to meet the medical requirements, but there is no requirement for work credits. The person qualifying for SSI benefits must make no more than a certain amount of money each month and have very few non-exempt assets. Instead of the claimant having to wait to qualify for Medicare benefits, he or she can qualify right away for Medicaid.

What will happen after I file for Social Security disability benefits?

Social Security Lawyer FAQ

If you have submitted your application online, which is highly recommended, the local Social Security office will provide you with paperwork that confirms your intent to seek disability benefits, officially initiating the process.

After resolving all administrative matters, your case will be forwarded to a disability determination service in your home state, where trained state employees, funded by the Administration, will handle it. A claims examiner will assess your medical records and decide on your case.

Should your records prove inadequate, a consultative examination will be required, necessitating a visit to a doctor designated and compensated by the Social Security Administration. Throughout this phase, you will also complete a function and work history report, which aids the claims examiner in understanding your potential for work given your physical or mental limitations and how your daily activity restrictions signify your inability to maintain employment.

If your initial application is denied, you can file for reconsideration, where a new claims examiner will reassess your medical evidence. If denied again, you will then have to appeal to an administrative law judge for a case review.

Although most cases conclude at this stage, if the judge declines your claim, you can seek a hearing before the Appeals Council. From that point, your case may be sent back to the judge or face another denial.

If all avenues are exhausted, you have the option to escalate your case to federal district court and subsequently to the appropriate Court of Appeals. Remarkably, should your case be deemed significant enough, it may even reach the Supreme Court of the United States. However, keep in mind that the majority of cases are resolved after the first hearing, and yours is likely to follow suit.

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How are Social Security disability attorneys paid?

Social Security Lawyer FAQ

The Law Office of Dan Wimmer accepts cases on a contingency fee basis, meaning that if you do not receive a fully favorable or partially favorable decision, you will not owe any fees.

The attorney fees are set at 25 percent of the claimant’s back pay, capped at six thousand dollars, allowing claimants to retain seventy-five percent of their back pay while also keeping their monthly disability payments.

When it comes to expenses, our firm does not charge clients, as Texas law prohibits hospitals and doctors from charging for medical records needed for Social Security disability cases, while California allows one free copy of medical records under similar conditions.

Since we handle Social Security cases across the United States, we typically do not incur expenses for obtaining claimants’ medical records. We believe that consulting a lawyer should be free.

Can I still work and receive Social Security disability benefits?

Social Security Lawyer FAQ

While this issue can certainly become complex, the straightforward answer is that individuals cannot partake in substantial gainful activity while still receiving benefits. In the simplest terms, a nonblind individual may not earn over $1,350.00 per month or engage in substantial activity.

Work is deemed substantial when it necessitates significant physical or mental effort. However, to disqualify a claimant from obtaining or maintaining benefits, the work must meet both substantial and gainful criteria. Essentially, the key takeaway is to remember not to exceed the $1,350.00 monthly earning limit in 2022.

What will happen at my hearing?

Social Security Lawyer FAQ

If you feel calm about your hearing, I commend your courage; many individuals understandably face anxiety regarding this process, and I continually admire their resilience in navigating such a challenging experience.

Each judge has a unique approach to conducting hearings, with some judges taking full control while the claimant’s attorney may play a minimal role. Some judges request both an opening and a closing statement from the attorney, while others do not.

Nevertheless, certain fundamental aspects of the hearing remain consistent, such as the presence of a vocational or medical expert who aids the judge in reaching a decision. Typically, the judge will directly question the claimant, as there is no opposing counsel to contest the claim for benefits.

While Social Security disability hearings are designed to be nonconfrontational, they can occasionally feel otherwise. The hearing usually begins with the judge officially opening the case and inviting the claimant’s attorney to present a theory of the case or an opening statement.

Following this, the judge will inquire about the medical issues affecting the claimant’s ability to work, then allow the claimant’s attorney to pose their questions. Afterward, the medical or vocational expert will respond to a series of hypothetical questions that, while pertaining to the claimant, are framed in a nonconfrontational manner.

The judge subsequently hands over the questioning of the expert to the claimant’s attorney, with the primary objective being for the expert to confirm that there are no jobs available in the national economy that the claimant could perform. If that conclusion is reached during the hearing, it enhances the likelihood of a favorable decision.

Ultimately, the hearing will conclude, dismissing the claimant and their attorney, and this process typically unfolds within 30 to 45 minutes, rarely exceeding an hour. Following the hearing, the claimant can expect to receive the judge’s written decision within one to four months.

Will I be found disabled by the Social Security Administration?

Social Security Lawyer FAQ

Determining whether a person is truly disabled is a complex matter that goes beyond a simple answer. The Social Security Administration follows a five-step process to assess an individual’s disability status, and only they have the authority to decide if you are unable to work for the purpose of receiving disability benefits. Many individuals mistakenly assume that a doctor’s assessment alone confirms their disability.

However, Social Security has its own criteria for defining disability. A person is considered disabled if they are unable to engage in substantial gainful activity due to any medically verifiable physical or mental impairment that is expected to last for at least 12 months or result in death.

To navigate this process effectively, you must evaluate your own mental or physical impairments against the five steps.

First, are you currently working? If you are engaged in substantial gainful activity—defined as earning more than $1,130.00 monthly in 2016 (if you are not blind)—your claim will be denied outright. If you are not working, you can proceed to the second step.

Second, is your condition severe? Your impairment must either last for 12 months or be expected to lead to death and must significantly hinder your capacity to perform basic work-related activities. If your condition severely impacts your ability to work, you may advance to the third step.

Third, does your condition meet a medical listing? If it does meet the severity requirement of Step 2 and you are not engaging in substantial gainful activity, you will be deemed disabled. If not, you will need to move on to Step 4.

Fourth, can you perform any job you have held in the past 15 years? If you can do any type of work you have previously learned, you will not be considered disabled, even if you meet the severity criteria. However, if your condition prevents you from performing any of your past relevant jobs, proceed to Step 5.

Fifth, can you undertake any other type of work? Considering your age, education, and prior work experience, if you can still engage in some other form of employment, you are not classified as disabled. Conversely, if your mental or physical condition prohibits you from doing any other work and you meet the earlier criteria, you may have a compelling case for disability.

Dan Wimmer Law - Social Security Disability Attorney

"A skilled Social Security Disability Attorney representing clients throughout the United States who either need to initially file for their Social Security disability benefits or have been denied at one of the various stages throughout the process to give them the best chances of success."