Most Americans do not realize that they are covered by a disability insurance plan. The plan is operated by the federal government. Each time a worker receives a pay check approximately 20% of the Social Security taxes deducted are paid into the federal government's Social Security Disability Insurance plan.
In order to be eligible for these benefits, you must have paid in sufficient payroll taxes in 20 of the last 40 calendar quarters. In other words, you must have worked for approximately half of the last 10 years.
Social Security Disability is not a welfare program. There are no restrictions relating to your wealth or income from sources other than work. Your local Social Security Office is able to tell you what your monthly benefit will be. After a recipient of disability benefits has been disabled for 29 months, he or she receives Medicare coverage.
Qualifying For Benefits
An individual is considered to be disabled and eligible for benefits only if his or her physical or mental impairment or impairments are of such severity that the person is unable to do his or her previous work and cannot, considering the person's age, education and work experience, do any other kind of substantial gainful work which is available in the national economy. The question is not whether the person could get hired to do the job, but whether the person could perform the job on a regular and sustained basis.
If a person has a physical or mental impairment or impairments which prevent the person from working, the condition must be such that it will last at least 12 months or is expected to result in death.
The Social Security Administration has prepared a "listing of impairments" of qualifying medical conditions. If a person is not working and has one of the "listed impairments", the person qualifies for disability benefits.
Many people do not have a listed impairment, but are still disabled and are unable to work. These people are eligible for benefits if they are unable to perform their past relevant work, and because of a medically documented physical or mental impairment, are unable to do any other types of work which are available in significant numbers in the national economy. In making this determination, consideration is given to the person's age, education and work experience. There is an age bias in the rules for determining disability. As a person gets older (beginning at age 50), it becomes easier to prove the person is disabled. For people under age 50, it is difficult to establish disability in many cases.
Should I Hire An Attorney?
We generally recommend that people file their initial application on their own. When a person files an application, the Social Security Administration gathers the person's medical records. This is done at no expense to the applicant. The approval rate on initial applications is low, and only the most severely disabled people are granted benefits. Those who are able to obtain benefits at this stage are so disabled that they do not need an attorney to help prove their case.
We also generally advise clients to request reconsideration on their own. When reconsideration is requested, the government again obtains updated medical records for the applicant, at no cost to the applicant. Since only 17% of reconsideration requests are granted, only the obviously disabled people obtain benefits at this stage. These people do not need a lawyer. If your reconsideration, request is denied, and you believe that you are disabled, you may file a request for a hearing before an Administrative Law Judge. You must file your Hearing request within 60 days of the reconsideration denial. This is the first time your case will receive a fair review.
In most cases, a disabled person will benefit greatly from having a lawyer represent them for a hearing before an Administrative Law Judge. An experienced attorney can review the medical evidence and determine whether there is sufficient evidence to prove a case. A skilled attorney is also able to obtain additional medical evidence to help prove the case. By having doctors write additional reports, or, in some cases, order additional tests, the attorney provides additional medical evidence to prove a case, with evidence that was not in the Social Security file previously.
At the Griffin Law Center, we have had successful result s in over 90% of the Social Security disability claims we have handled.
Our friendly and professional staff is here to answer any questions you may have about our firm or our services. We offer free consultations and no attorney's fees are charged unless we win your case. If you're looking for a reliable attorney who will give you the personalized service you need, look no further.
Attorney's Fees
Clients are only charged attorney's fees if we are successful in obtaining disability benefits. The fees are 25% of the benefits the Social Security Administration owes the client. However, there are limits on the total amount of fees that may be paid. The client is responsible for reimbursing the attorney for any costs or expenses.
There is no charge for an initial telephone or personal consultation. Attorney's fees cannot be charged unless the client first signs a written contract and we are successful in obtaining benefits for you.
Our friendly and professional staff is here to answer any questions you may have about our firm or our services. We offer free consultations and no attorney's fees are charged unless we win your case. If you're looking for a reliable attorney who will give you the personalized service you need, look no further.
Griffin Law Center provides free telephone and office consultations. No attorney's fees are charged unless your case is won or settled.
Serving the Legal needs of the Injured and Disabled
E-mail: griffinlawcenter@westbendlawyer.com
