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| | 1009 Washington Avenue | Bay City, Michigan | 48708 | 989-892-6551 - Tel | 989-892-1568 - Fax | |
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| 1009 Washington Avenue Bay City, MI 48708-5780 (989) 892-6551 - Phone (989) 892-1568 - Fax info@stplaw.net - Email |
| Social Security - FAQ’s How does the Social Security Administration determine that I am disabled? When you file a claim for disability at your local Social Security Office, your file is sent to the Disability Determination Service (DDS), which evaluates your case. Your attorney will make sure DDS has all medical records from your doctor(s) or the hospital. The definition used by Social Security for disability is: the inability to work full-time due to a physical and/or mental impairment expected to last at least 12 months. Do I have to go to a medical or psychological exam scheduled by Social Security? No. Social Security regulations provide that your own treating medical doctor or psychiatrist is preferred over a doctor who does not know you or your medical history (20 CFR 404.1519h). If your doctor does not cooperate or you do not have a doctor you have the option whether to go to the exam or not. Call your attorney immediately if an exam is scheduled so your options can be discussed. How will an attorney assist me in obtaining disability benefits? The attorney knows the current Social Security Disability rules and regulations and the steps and procedures in the application process. There are many ways that the attorney can help you and your physician document your disability. Your attorney will review your Social Security file and request medical records not included in it. The attorney has experience in attending disability hearings and knows what questions to ask, and has experience working with Social Security personnel at both the district and hearing offices. What is the difference between Social Security Disability and SSI? Social Security Disability is a disability insurance program for people who have earned enough quarters of work credit. Adults usually need 20 quarters of credit during the ten years prior to the date of disability. Children may also qualify for Social Security Disability. The rules are fairly complicated, so it is best to discuss them with your attorney. SSI is a disability program for adults and children who have not earned enough quarters of work credit, or who have had their Social Security Disability insurance expire after the stopped working. The maximum amount you can receive under SSI varies and is dependent on family income. You may qualify for both SSI and Social Security Disability. Do I lose my disability claim if I go back to work? No. If you are disabled twelve months and then go back to work, we can ask for payments for the period you are unable to work. Social Security encourages disabled people to return to work. It also offers a special program which allows you to try working without losing benefits. Your attorney can refer you for work rehabilitation if appropriate. Should I inform my attorney if my doctor sends me to a specialist or if I have a test performed? It is important to keep your attorney informed of any changes in your medical condition, as well as any new doctors or specialists you see. You should inform your attorney of any specialized tests performed, such as Cts, MRIs, or psychological testing. Your attorney can obtain these results and forward them to Social Security. When should I obtain an attorney to represent me? An attorney can help you from the time you file your claim through all levels of appeal by ensuring that the proper medical documentation is entered in your Social Security file. There are several steps in the Social Security Disability process, including an initial review by the DDS and a hearing before an Administrative Law Judge. If you do not receive disability after a hearing before the Administrative Law Judge, your attorney can file an appeal. We also handle referrals from other attorneys for Social Security appeals to U.S. District Court and the U.S. Court of Appeals in Cincinnati, Ohio. What occurs at a hearing with the Administrative Law Judge? Your attorney will prepare you for the hearing by going over the questions the judge will ask. Each judge conducts hearing differently. It is therefore very helpful to know in advance the particular questions that the judge will ask in your case. How do I pay my attorney? You pay attorney fees only if you win your case. In most cases, attorney fees are 25 percent (25%) of past due benefits up to $5,300. You only pay attorney fees when you win your claim. You do have to pay for all costs in developing your case. These normally consist of payment for copies of medical records. The preceding is provided for informational purposes only. While every effort has been made to ensure accuracy, it cannot be relied upon as legal advice. Applicability of the legal principles discussed may differ substantially in individual situations. Therefore, you should consult with Seward, Tally & Piggott, P.C. |