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SOCIAL SECURITY DISABILITY/ SSI
AM I DISABLED??
To receive benefits under the Social Security Disability or SSI program, you
must have physical or mental health problems (or a combination of
problems) severe enough to keep you from working in any full-time job for
at least 12 months.
WHAT DO I DO IF I'VE BEEN DENIED BENEFITS??
Many disabled people become disheartened after they receive a disability
denial notice and do not pursue their applications. This is a mistake.
Nationally, about two-thirds of all applicants are denied benefits initially.
But many of these people ultimately receive benefits.
WHAT IS A HEARING? The Hearing is the crucial step of the appeal process where you will
have the best chance of willing. Slightly more than half of all Hearings
result in the claimant receiving benefits.
A Hearing is conducted by the Office of Hearings and Appeals of the
Social Security Administration.This is not the same agency which denied
your Initial Application and your Reconsideration. Although an
Administrative Law Judge will preside and testimony is taken under oath,
the Hearing is generally informal.
The Hearing is private. The only people present will be the Judge and
the Judge's assistant, you, your attorney, and witnesses. Occasionally the
Judge may ask a "vocational expert" to testify about your ability to work.
Medical records will be accepted as evidence. The Judge or your
attorney will ask you about your present medical condition, medical history,
abilities, education, training, work experience, and the limitations in your
daily life caused by your disability. Your attorney may make a closing
argument that you are entitled to benefits under Social Security
Regulations.
DO I NEED AN ATTORNEY?
Yes. You should have an attorney .Statistics have shown that people
represented by attorneys have been successful more often than people
without attorney representation. Whether you hire an attorney is entirely
up to you, but you should seriously consider the advantages by examining
what an attorney would do in your case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME
IN MY SOCIAL SECURITY CASE?
Your attorney's role depends on the particular facts of your case.
However, a few of the things an attorney may do are:
- Gather medical and other evidence
- Contact your doctor and explain Social Security Regulations to
obtain a report consistent with those regulations
- Refer you to additional doctors (usually specialists) for further
medical reports to answer questions raised by Social Security
Regulations
- Sent you to a vocational expert for a report on your ability to work
- Suggest that the Social Security Administration send you to a doctor
for a consultive examination
- Obtain documents from your Social Security file
- Advise you how best to prepare yourself to testify at your hearing
- Present a statement as to why you are entitled to benefits under
Social Security Regulations
- If you lose, request a review of the Hearing Decision by the SSA
Appeals Council
- If necessary, represent you in a federal court review of your case
WHEN SHOULD I CONTACT AN ATTORNEY?
It is best to start looking for an attorney as soon as your application for
benefits is denied.
Attorneys in Social Security cases to much more than sit in at hearings
and ask a few questions Much pre-hearing preparation, analysis, and
evidence gathering go into representing a Social Security case. For this
reason, you should not wait until a week or two before your hearing to
contact an attorney. The earlier your attorney is able to start preparing
for your hearing, the better your chances of winning.
WHAT IF I'VE ALREADY LOST A HEARING?
If you are still within 60 days of the date of receipt of a hearing decision
denying benefits or even a denial decision from the Social Security Appeals
Council, it may not be too late. You should contact an attorney
immediately. It's best to have good representation at your hearing, but
sometimes an experienced attorney can still find a way to win your case at
the Appeals Council or in federal court.
HOW MUCH DOES IT COST TO HIRE AN ATTORNEY?
Attorneys on Social Security cases will charge a contingent fee basis of
25 % of past-due benefits. There is no fee if you lose, although you will be
obligated to pay any out-of-pocket expenses incurred by the attorney
representing you. Such expenses usually involve charges for copying
medical reports or obtaining additional medical reports.
Social Security Regulations require that attorney fees be approved by
the Social Security Administration.
HOW CAN I FIND AN ATTORNEY TO REPRESENT ME?
Not all attorneys practice before the Social Security Administration. You
will do best to find an attorney familiar with the maze of Social Security
Regulations and the Social Security procedures.
OUR AREAS OF PRACTICE: Personal Injury, Car/Truck Accidents, Slip and Fall, Workers' Compensation, Bankruptcy, Social Security Disability/SSI, Criminal, Medical Malpractice, Civil Litigation, Family, Divorce, Child Support
| TO SET UP A FREE CONSULTATION, PLEASE CALL 800-315-5547 |
SELLERS LAW FIRM
C. BRANDON SELLERS, III
SAMANTHA R SELLERS |
800-315-5547 toll free
334-382-6907
334-382-7001 facsimile |
Brantley Office:
9385 N. Main Street
Brantley, AL 36009 |
Greenville Office:
401 E. Commerce Street
PO Box 432
Greenville, AL 36037 |
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