Q & A
- When should I file for disability?
- Can I be working and still collect disability?
- What does Social Security consider?
- Are all Social Security cases denied initially?
- Should I give up if I am denied initially?
- When should I contact an attorney?
- If I am denied initially, what does the appeals process involve?
- Do I have to have an attorney at my hearing?
- What are my chances if I go to a hearing before an Administrative Law Judge?
- How long does the appeals process take?
- Can I have my hearing requested expedited?
- Do I have to pay an attorney if I lose?
- How much will the attorney fee be?
- When should I file for disability?
To be approved for disability, you must establish that you have been or will be disabled for at least one year. If you apply immediately upon cessation of work, Social Security will likely deny your case automatically because the one-year requirement has not been met. Because Social Security typically takes four to six months to render an initial determination, you will have the greatest opportunity to prevail initially by filing about six months after you stop working. - Can I be working and still collect disability?
Yes, if your earnings are so low that you are not considered to be engaging in "any substantial gainful activity" (for 2008, under $940.00 per month in gross wages). - What does Social Security consider?
The combination of your physical and mental medical conditions.
- Are all Social Security cases denied initially?
No, about one-third are approved, but the cases that are approved generally involve the most obviously disabled individuals or individuals who are older than 55.
- Should I give up if I am denied initially?
No, you should contact an experienced Social Security attorney so that your case is properly evaluated.
- When should I contact an attorney?
Before you file if you have specific questions. Most individuals can file on their own, but individuals with severe mental impairments, communication difficulties, etc., may wish to retain an attorney before filing. Generally, attorneys are retained after an initial denial.
- If I am denied initially, what does the appeals process involve?
You have 60 days to file a Request for Reconsideration. If you receive a Reconsideration denial, you have 60 days to file a Request for Hearing before an Administrative Law Judge.
- Do I have to have an attorney at my hearing?
No, but your chances of success will be significantly improved if you have an attorney representing you.
- What are my chances if I go to a hearing before an Administrative Law Judge?
Statistically, about 50-50.
- How long does the appeals process take?
About three to four months at the reconsideration level and about 20 months at the hearings level. Depending on the merits of the case, some claims at the hearings level may be resolved by an attorney in only a few months (via a pre-hearing conference between the attorney and an Administrative Law Judge) without the necessity of an actual hearing.
- Can I have my hearing requested expedited?
Yes, if you have a terminal illness, are suicidal, or are classified as a "dire need" individual (homelessness, declaration of bankruptcy, mortgage foreclosure, utility shut-off, no health insurance, or inability to pay medical bills).
- Do I have to pay an attorney if I lose?
No, Social Security cases are generally handled on a contingent fee basis.
- How much will the attorney fee be?
If successful, generally 25% of past-due benefits with a cap of $6,000.00. For example, if past-due benefits are $12,000.00, the attorney fee is $3,000.00. If past-due benefits are $24,000.00, the attorney fee is the maximum of $5,300.00, not $6,000.00.
