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  Disability Group 10:00 am on February 10, 2011 Permalink | Reply  

  How Much Do I Have To Pay My Social Security Disability Lawyer? 

  When do I have to pay my Social Security Disability lawyer?

  Your lawyer should not charge you any upfront fees. Your lawyer’s fees have to be approved by the Social Security Administration. Your lawyer gets paid only when you are found disabled by the Social Security Administration and found entitled to retroactive benefits. Your lawyer is paid directly from the Social Security Administration when your retroactive benefits check is cut.

  
  

  What are retroactive benefits?

  Retroactive benefits are benefits (money), which accrue during the time frame it took you to be found disabled by the Social Security Administration and awarded. Retroactive benefits start accruing from your onset date. Your onset date is the date you became disabled.

  
  

  How much do I have to pay my Social Security Disability Lawyer?

  As of June 22, 2009, the maximum fee amount you can be charged for representation is $6000, which is set by the Social Security Administration.  That means you should never be asked to pay more than $6000, and, in fact, you could pay a lot less!

  
  

  Can my lawyer fee be less than $6,000?

  As the law is written your lawyer is entitled to 25% of your retroactive benefits, not to exceed $6000.

  If your retroactive benefits check is $15,000, 25% of that amount is $3,750. This is the amount the Social Security Administration will take out of your check and mail to your lawyer. Your retroactive benefits check is written for $11,250 ($15,000- $3,750.)

  The only other costs you are responsible for are “out of pocket” expenses incurred by your lawyer as he/she prepared your case. An example of this expense is the money the lawyer paid for obtaining your medical records. “Out of pocket” expenses should be minimal and are usually collected after you receive your award from the Social Security Administration.

  If you have questions about how social security disability lawyers are paid, give us a call!

  

  New york wrongful death lawyer, and Gordon Pfeifer are discussing. Toggle Comments

   
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    Gordon Pfeifer 12:21 pm on March 7, 2011 Permalink | Reply

    Spoke to my doctor last week and said I would qualify for disability. Just want to know the beat way to go for applying.

    Thank You, Gordon

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    New york wrongful death lawyer 5:12 am on September 7, 2011 Permalink | Reply

    This is really informative and helpful post! Thanks for posting, look forward to more…

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  Disability Group 10:00 am on February 4, 2011 Permalink | Reply  

  The Disability Process, Faster and Quicker! 

  In 2008, the Social Security Administration (SSA) outlined four goals it wishes to achieve by 2013.  To those applying for disability benefits, the most important goal is improving the speed and quality of the disability process.  Here are the ways that SSA is trying to meet this goal:

  
  

  Quick Decisions for Clearly Disabled Claimants

  In order to speed up the process for the most disabled claimants, SSA has established a “Quick Disability Determinations” process (QDD).  Almost 3% of new cases are identified for QDD processing and almost 96% of those cases are awarded within six to eight days.  Also, SSA’s “Compassionate Allowance” program also allows for the quick identification of individuals who are clearly disabled due to the terminal nature of their conditions.  SSA expects to be fast tracking six to nine percent of initial applications by the end of 2012.

  
  

  
  

  Online Filing of Disability Applications
  

  SSA has implemented an online system in which individuals can file for Disability Insurance and Supplemental Security Income benefits.  The goal is for claimants and their legal representatives to be able to conduct all of their business with SSA online.  This will reduce the demands on Social Security employees who will be able to focus on preparing the claims for adjudication.  SSA hopes to reach an online filing rate of 25% for initial applications by 2012.

  
  

  
  

  Timely Updating of Policies and Procedures

  SSA is focusing on updating their policies and procedures. For example, the Listings of Impairments is being updated to include rare diseases and conditions that represent clearly disabling conditions.  SSA is also planning to replace the Dictionary of Occupational Titles, which is relied upon in determining whether there is any work the claimant can do, with updated definitions and objective measures of requirements of work.

  
  

  
  

  A Common Processing System for DDS Offices

  SSA is working to develop a common case processing system for each of the 54 DDS offices.  Currently, each of these offices has a unique system, making any proposed changes very difficult.  A common system will promote efficiency and improved quality of the application process.

  Making it Easier For Disabled Individuals to Return to Work

  SSA is continually updating its policies to allow for easier reentry into the workforce.  It is in the best interest of all parties if a disabled individual experiences enough improvement to return to work.  However SSA understands that disabled individuals may be unwilling to risk the benefits they are already receiving when they do not know if the improvement is permanent or if they will be able to meet the demands of a particular job.

  Questions on how the SSA is continuing to improve the filing process?  Visit them online at http://www.ssa.gov

  
   
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  Disability Group 10:00 am on February 1, 2011 Permalink | Reply  

  Retiring Early? Receiving Benefits? What You Need To Know 

  First, what IS Social Security Disability Insurance (SSDI)?

  Social Security Disability Insurance benefits fall under title II of the Social Security Act. In order to qualify for SSDI you must have worked long enough and paid Social Security taxes.

  SSDI works almost the same as pension, where you pay into the plan throughout your working years.  Social Security establishes whether you have worked long enough by assigning work credits to your wages/FICA taxes you paid per year.  For grown adults you need 40 work credits. Once you have 40 work credits you have “insured status.” SSDI benefits are paid to those who have been found disabled as defined by Social Security and have “insured status.”

  
  

  If I am 50 years old and have poor physical health, should I retire or file for Social Security Disability Insurance benefits (SSDI)?

  If you are unable to continue to do your job because of your physical limitations, you should file for Social Security Disability Insurance benefits instead of filing for early retirement.

  
  

  Why?  What is the benefit of filing a Social Security Disability claim instead of filing for early retirement?

  • If you start collecting Social Security retirement benefits early (before the age of 67, for people born in 1960 or later) your benefits are reduced for each month before you reach your full retirement age.
  • If you receive SSDI you receive full monthly benefits and annual cost of living increases. You are entitled to Medicare and prescription drug coverage.
  • When you reach retirement age your SSDI will be converted automatically into retirement benefits.
  • When the Social Security Administration calculates your retirement benefits the years you receive disability insurance is not included and your retirement benefits will be higher because your earnings are averaged over a shorter period of time. The earnings from SSDI are considered but the number of years you were disabled is not. It ends up looking like you earned more money per year, which equals a higher monthly retirement check.

  How can a Social Security lawyer help?

  If you are between the ages of 50 and 64 and you stopped working because physically you just could not do your job anymore, you may be entitled to SSDI. SSDI are benefits funded by the taxes you paid during your working years. SSDI is not welfare. A lawyer can evaluate your individual case and help you with the application process. The lawyer will represent you at your hearing in front of the administrative law judge. SSDI are benefits you are entitled to if you have a strong work history and are found disabled as defined by the Social Security Administration.

  
   
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  Disability Group 10:00 am on January 27, 2011 Permalink | Reply  

  Why Aren’t I Receiving SSI Benefits? 

  Even if you have a qualifying disability, you might not be receiving benefits.  Here are the top reasons why applicants may not receive benefits in spite of their eligibility – and ways to avoid making the same mistakes!

  
  

  The Social Security Administration needs permission to review your financial records – make sure you give it to them!!!

  Because SSI is a need-based program, SSA must be able to determine your eligibility by reviewing your financial information.  Upon application, you must give SSA permission to review records from banks, credit cards, loan companies, trust companies, savings associations, and any other source that would reveal your current financial status.  This may include giving SSA access to financial information belonging to others, i.e. your spouse or others living in your household.

  
  

  
  

  You must be in the United States to receive benefits –  if you leave, make sure to come back!!

  You lose your eligibility for SSI benefits for any month during which you are outside of the United States for the entire month.  If you are outside of the United States for 30 or more days, you are not considered to be back in the United States until you are back for 30 days. You may be eligible for SSI benefits in the month in which the 30 days end if you continue to meet all other eligibility requirements (CFR 416.215).

  
  

  
  

  Apply for all the benefits to which you are entitled!!

  If you do not apply for certain other benefits which you are entitled, you may be denied SSI benefits or have your payments suspended.  These other benefits include annuities, pensions, retirement benefits, or disability benefits.  Specifically, you must apply for veterans’ compensation and pensions, workers’ compensation payments, Social Security insurance benefits, and unemployment insurance benefits (CFR 416.210).

  
  

  
  

  Drug and/or alcohol abuse CANNOT contribute to your disability!!

  Drug addiction and alcoholism are major impediments to your initial award of benefits.  Most judges are very careful to evaluate whether the severity of your disability is a result of your addiction.  If you receive SSI benefits and the judge finds that drug addiction or alcoholism is a contributing factor material to the determination of your disability (CFR 416.935), you must seek appropriate treatment for your addiction.  You will lose eligibility for SSI benefits if SSA determines that you have failed to comply with the treatment requirements. If your benefits are suspended because you failed to comply with treatment requirements, you will not be eligible to receive benefits until you have demonstrated compliance with treatment for a period of time.

  
  

  The Social Security process is complex and has many rules.  Applicants should seek legal advice from a social security attorney before they proceed with an application.

  
   
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  Disability Group 10:00 am on January 24, 2011 Permalink | Reply  

  Social Security Myths EXPOSED!! Disability Group Inc Reveals The Truth About the Social Security Claims Process 

  Applying for Social Security disability benefits can be intimidating and time-consuming. Understanding how the system works can be the difference between winning or not winning your disability benefits.  Disability Group reveals common Social Security disability myths and misconceptions.

  
  

  Myth: The Social Security Administration denies everyone the first time they apply for disability.

  This is absolutely not true!  It is easy to see why people would believe this when over 70% of all first applications filed are denied.   A claim requires a lot of paperwork, and claimants are often denied when they do not provided documents that the SSA disability reviewer has requested.  A disability lawyer can be help you to prevent an unnecessary denial by staying on top of all requests from the SSA.

  
  

  Myth: The Social Security Administration will deny you a certain number of times before you are approved.

  Also not true!  Many people simply file applications over and over again, hoping to be approved.  If you continue to file and get denied at the first stage, you are denying yourself the right to an appeal and even more importantly, you are setting yourself at the back of the line again!

  Make sure that you follow the appeals process up to the highest level in a timely manner, meeting all deadlines.

  
  

  Myth: The best way to appeal a Social Security claim denial is to file a brand new application.

  No!  This is often the worst thing you can do because most initial applications are denied.  A new application will most likely be denied for the same reason as the last.  Historically, and statistically most claimants are awarded only after being heard by an administrative law judge.  A claim will never get that far in the process if you just file a new application.  Follow the appeals process and find representation.

  
  

  Myth: Certain medical conditions or mental health problems can get you automatically approved for benefits.

  No . . . . and yes.  Certain impairments are singled out.  If you meet an SSA listing it is easier to get approved, but not automatic.  All claims are evaluated according to medical evidence. See the list of the categories of impairments that meet the SSA listing here: http://www.socialsecuritylaw.com/qualify/

  Make sure to get regular medical treatment during your claim documents your condition for a better chance of obtaining benefits.  If you have irregular doctor visits and little medical evidence, your chances for approval of disability benefits is greatly reduced.

  
  

  Myth: You cannot get Social Security Disability if you have used drugs or alcohol.

  Not true. Every case is different but you have a better chance of obtaining benefits if you have maintained at least six month of sobriety.  How often and how recent you used is most important.  Simply put, Social Security will not pay benefits to someone who caused their condition or made it worse by drug or alcohol use.  If quitting would improve your condition, it is relevant and you will not win.

  If you have a history of abuse but are not currently using substances you should carefully review your medical records before filing for disability.  Doctors and mental health professionals will often indicate “suspected use” in their treatment notes.  Such indications can have a damaging effect on a disability case.

  While there are many myths about the Social Security claim process that are untrue, the process does include a fair amount of rules, regulations, and paperwork that a social security attorney is better suited to deal with.

  
   
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  Disability Group 10:00 am on January 18, 2011 Permalink | Reply
  Tags: lawyers ( 2 ), process ( 2 ), social security ( 3 )   

  Why You Should Avoid Changing Lawyers in the Middle of Your Case 

  An experienced lawyer can be very helpful to you and your Social Security Disability case. Your lawyer can evaluate your case and suggest a strategy to win your case. After handling hundreds of cases, most attorneys have a fairly good perspective as to what cases are winnable and what cases are not, and what it takes to win a case. While an attorney’s opinion is not a determination of how your case will end up, he can offer you the benefit of experience. More importantly, if you decide to hire an attorney, he will make sure your case file is up-to-date with all medical records. Additionally, he will “translate” your medical problems into work limitations so that Social Security can evaluate your claim properly.
  

  The disability process, however, is often quite long. Many people can wait almost two years for a hearing. Some claimants become frustrated with the slow pace of the disability adjudication process and think about hiring a new attorney. They become angry at how long it takes to even get a hearing and they think that their lawyer should be doing more to move the process along.
  

  Except in limited cases, it can be a bad idea to change lawyers in the middle of your case.
  

  First, you should realize that your attorney doesn’t have any control at all over the long delays in the Social Security disability decision-making process. Social Security backlogs are at record highs across the country. Hearing offices are understaffed and judges have very little help. Over the past 10 years, claims have doubled while the number of judges has declined 10%. If there were anything your lawyer could do to speed things along, he would be doing it. Most Social Security lawyers do not get paid unless they win the case, so there is no advantage to them in delaying the process. The point is that your attorney cannot control Social Security’s backlog, nor can you expect him to secure special treatment for you. If another disability lawyer tells you that he has a secret way to move your case to the front of the line, you will probably be disappointed.
  

  A second reason to stay with your current lawyer relates to the fee application process. Social Security lawyers generally accept disability cases under a contingency fee contract. This process is simple. A “contingency fee” means that there is no legal fee due unless the lawyer wins your case. An attorney’s fee is typically 25% of any past due benefits collected for you, with a limit of $5,300. The lawyer does not have to file a detailed time and billing statement. Social Security will automatically withhold and pay the lawyer 25% of past due benefits up to $5,300.
  

  Almost every contingency fee agreement provides that if the client terminates the attorney, the attorney has the right to ask for fees representing work actually done. In this case, the lawyer will file a detailed fee petition, setting out time records, expenses, and billable time. Legal services are not free. A contingency fee agreement is a trade-off. The client can retain an attorney without paying any money up-front, and the lawyer takes the risk that the judge will not approve the case in exchange for a percentage of the recovery. If, however, you choose to terminate the agreement before the case goes to hearing, your lawyer can and will ask Social Security to approve a fee based on the time actually expended. When this happens, the fee application is no longer simple. Your lawyer will itemize each and every action he performed on your behalf and present this petition to the judge for approval.
  

  If you choose to change lawyers in the middle of your case, Social Security will require both lawyers to file a fee petition for work performed. Your new lawyer will not be allowed to enter into a 25% fee agreement. He, too, will have to file a fee petition to have his fees approved. If you go through two or three lawyers, you may find that more than 25% of your past due benefits are being used to pay for legal services. If your prior
  lawyer will waive any claim for fees, the new lawyer can then use the contingency fee agreement process.
  

  As a practical matter you should, therefore, avoid changing lawyers in the middle of your case. Choose your lawyer carefully, and unless your lawyer is clearly incompetent, ill, or dead, you should stick with your present lawyer throughout the entire disability process.