Social Security Disability

If you or a loved one has to deal with a disability that is preventing you from working, there is important information that you need to know about filing a social security disability claim:

• You do not have to pay any money out of your pocket for a lawyer to help you with your Social Security disability claim. The lawyer gets paid at the end of the case directly from Social Security.

• There are many things that need to be done in order for you to win your Social Security Disability claim. There are risks of handling the claim yourself. If you don't follow the steps properly you could waste months or years before getting the benefits that you're entitled to.

• Not all attorneys know how to handle Social Security claims. Make sure that you hire an attorney that has experience in dealing with Social Security and has experience as a trial lawyer presenting claims, similar to yours, to an administrative law judge

• Not everyone is entitled to Social Security disability benefits. The system used to determine who gets benefits and who does not is complex and you should not expect to recover benefits right away. Almost always, an appeal will be necessary.

• There are certain enumerated injuries or diseases or illnesses that will put you on a fast track to get benefits quickly. Call my office to see if your medical condition makes you eligible for an expedited determination of Social Security disability benefits.

• Don't assume that just because a friend or family member has received benefits, and your medical problems are worse than theirs, that you will automatically get benefits like they did. You cannot expect the outcome of two similar Social Security claims to be the same, even if you have a similar condition. Each case is dealt with by a different case worker who has their own caseload, and many other factors that could delay one claim compared to another similar one.

• Some people think that if they attended hearing without a lawyer that it will be more favorable to their case. This is not true. If you have an attorney that understands the Social Security Disability system, they will help you to get through the bureaucratic maze quicker. They will help you to avoid mistakes that could cost you money and they will help your experience with Social Security be a little easier and less stressful.

• If there is alcohol or drug abuse in someone's history does that automatically mean that they cannot get Social Security disability benefits? Your lawyer will have to persuade the Judge that even though you may have had a drug or alcohol problem in the past, it did not rise to the level of a "material factor" in causing your disability. As long as you can prove that, you should be ok, notwithstanding a history of drug or alcohol abuse.

• If your doctor says you should not work or cannot work, that does not automatically mean that you'll be granted benefits. The rules and regulations from Social Security are complex and even though your doctor might feel that you are unable to work, it will be up to the administrative law judge to decide how much weight to give to the opinion of your treating doctor.

• Even if you receive Worker's Compensation benefits, long-term disability benefits, or other types of benefits, you may still be entitled to file for and make a claim for Social Security disability benefits as well. You might be entitled to benefits from multiple agencies at the same time due to your inability to work. Your lawyer needs to understand the interrelationship between your various benefits available to determine what would be best for your case.

• You must be able to show that you are unable to maintain gainful employment for one year or longer under the current Social Security disability rules.

• It is true that most people who apply for Social Security disability benefits are denied on the first application. Social Security estimates this number to be at approximately 65%, however, my personal experience is much higher than that.

• Don't assume that just because you receive a denial that you're not entitled to benefits.

• If you were denied benefits on your initial application, it is not good to go out and file a new claim. It is better to have a lawyer help you file a motion for reconsideration and/or an appeal of the claim you have pending. Filing a new claim is just going to delay everything and require you to start the process all over again.

• It is important that you continue to maintain contact with and have regular visits with your treating doctor. If you are discharged from care and have no ongoing treatment, it will be unlikely that the Social Security administration will believe your injury to be permanent and they could deny your claim.

• To win your claim, you have to show that you are unable to do the work associated with your last job as well as any other kind of work. This inability must be due to an illness or injury. This is a basic definition of social security uses to determine whether you're entitled to benefits.

• For Title II Disability Insurance Benefits, which are based on how much money you've paid into the system over time, they look at your work history and they calculate your benefit amount based upon the money paid in over the years.

• The other type of claim would be for Title 16 Supplemental Security Income. This is for people who can't work at all due to a disability with little or no resources to support themselves and no money in the bank or other liquid assets.

• Both of these types of benefits require you to meet the same standard of disability and be unable to work for a minimum of 12 months.

If you need immediate assistance from a lawyer that you can reach 24 hours a day, 7 days a week, call the Law Office of Robert E Gluck, P.A. right now. All of Robert’s clients receive his cell phone number so that they can reach him when they need him. Call or Contact our office with any questions you may have now at 954.583.8999.