FAQ

Under the Social Security Act, "disability" means the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
 

Social Security regulates the fees of all attorneys. There is no fee unless you win. When you win, your attorney will receive 25 percent of your past due benefits or $6,000, whichever amount is less.
 

No, but it is a good idea. Statistically, claimants who are represented by an attorney win much more often than those who are not represented. Many people who try to represent themselves regret not seeking counsel and proper legal advice. Therefore, it is to your benefit to consult an attorney who routinely practices Social Security disability law.

Sometimes. If your Social Security disability application has been denied, an attorney may make an on-the-record (OTR) request that your benefits be granted without the need for a hearing. Your attorney may also request a dire needs hearing in certain circumstances.

Yes. There are five main types of benefits: (1) Disability Insurance benefits (also known as SSD or RSDI); (2) Supplemental Security Income benefits (SSI) for adults and children; (3) Disabled Widow’s benefits and Widower’s benefits; (4) Disabled Adult Child benefits.

The best thing to do is contact an attorney to obtain advice on exactly what you will need and what to expect when you go to apply for your claim. You may file an application for a Social Security disability claim on the Internet or at the nearest Social Security office. The process includes filling out paperwork and an in-person or over-the-phone interview.

If you are denied, you are not alone. Only about 30 percent of Social Security disability claims are approved at the application phase. If your application is denied you should appeal. You will have a limited amount of time in which to file your appeal. It is important that you do not miss your appeal deadline. You should contact an attorney to represent you for the reasons stated in question number three.

The average time is roughly 500 days. However, in certain circumstances there may be ways for your attorney to expedite the process.

Yes. You do not have to wait! Many people believe that you must exhaust your savings, retirement, or 401K before applying. This is not true and you should not wait to file an application for a claim.

Do not wait! If you feel that your impairment or combination of impairments will last 12 months or longer, you should apply immediately after consulting with an attorney.

No. The legal requirements for Social Security disability only require that you are unable to work a full-time job for 12 months or longer.

Yes. Mental illness by itself can be enough to obtain your Social Security benefits. Many people, however, make the mistake of failing to mention their mental illnesses because they are embarrassed or because they downplay the impact that their mental health illness has on their ability to work.

Yes. You should file for Social Security disability immediately if you believe that you will be unable to work a full-time job for 12 months.

Yes. You should file for Social Security disability benefits if you believe that the injuries you sustained in an automobile accident or on the job will prevent you from working a full-time job for 12 months.

Social Security hearings and courtrooms are not like what you see on television. It is a formal hearing only in that it is recorded. Otherwise, it is relatively informal. Present at the hearing is your attorney, a judge, a court recorder, and typically an individual who discusses the jobs that exist in the region. However, it is a “closed” hearing – meaning that it is not open to the public. This ensures your privacy.

Yes. If you have gone through a hearing and lost, appealed your claim to the appeals counsel and lost, then you may file a lawsuit against the Commissioner of Social Security in the United States federal courts.
 

Yes. Social Security disability does not have to be permanent. Many people get better or their condition improves enough that they are able to work a full-time job and eventually return to employment.
 

If you have never worked or worked very little or have a disabled child and you are poor, then you or your child may receive benefits under Supplemental Security Income (SSI).

Your doctor’s opinion is important, but the Social Security Administration is ultimately responsible for determining whether you are disabled under their rules. Your attorney will know what your doctor needs to do to give you the best chance at winning at your hearing.

The Social Security Administration is not bound to by decisions of other agencies such as the VA. Different standards for each agency apply. However, the reasons you have been found disabled or partially disabled, by the VA, is important information to give your attorney!

The Jensen & DeHaan, P.C. web pages and multiple websites contain general information that is intended - but not promised or guaranteed - to be correct and current. Do not rely on information at this site in place of the advice of competent legal counsel. Because individual circumstances differ, you should not rely on any information here as being applicable to your given factual situation. You must not rely on any of the general information provided here as specifically applying to you.

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