Frequently Asked Questions

  1. Who is considered disabled?

    A person who is not yet retired that has physical or mental health limitations preventing ANY type of work for 12 months or more, or has a medical condition that can be expected to result in death within a year. Social Security regulations also consider the person's age, education, previous employment, and potential to find employment when making their determination.
  2. Who decides if I am disabled?

    A Disability Determination Services employee with input from a physicians will make the initial determination. Approximately 60% of claimants are denied at the initial application. The next state of the application process is called Reconsideration. Approximately 85% of claims are denied at Reconsideration.
  3. What happens next?

    A hearing before an Administrative Laws Judge (ALJ) can be requested. ALJs review cases to ensure that the Social Security regulations are administered fairly. Unfortunately even at this level half of cases are still denied.
  4. What can I do to improve my chances of winning?

    Statistically, claimants with professional representation are awarded benefits far more often than claimants without representation. Because effective representation takes time, it's best to seek help early in the application process. Be patient and be willing to APPEAL, APPEAL, APPEAL. Don't give up until your representative has done all he or she can.

    Remember: In my practice, I don't get paid unless you get paid. 
  5. If I am approved, how much will I get?

    It varies. For disability insurance benefits, it depends upon the number of years worked and the amount earned. For disabled widow's or widower's benefits, it depends upon how much the deceased husband or wife worked and earned. For disabled adult children, it will depend on the parent's work and income history. For SSI benefits, there is a base amount that an individual with no other income receives.
  6. How far back will benefits be paid?

    Benefits can not be paid until 5 months have passed after a person becomes disabled. Also, benefits cannot be paid more than one year prior to the date of the claim (application date). Therefore, it's important not to delay the application process.
If after reading these FAQs you have more questions, I'm here to help. Please call for more information.