(Retired from this business as of 12/31/17)
Continuing to develop RepToolsSSD:
http://www.reptoolsssd.com
Common Questions about Applying for Disability Benefits from the Social Security Administration, Appeals, and Representation
Do you have any advice about applying for disability benefits?
Yes. Give SSA all the information it asks for in a straightforward way. Be truthful. Do not exaggerate or minimize your disability.
What happens if I am denied benefits and I do not appeal within 60 days?
You'll have to start over with a new application - and it may mean that you'll lose some back benefits. So it's important to appeal all denials within 60 days. It's usually better if you appeal right away so that you get through the bureaucratic denial system faster. The quicker you can get to the hearing stage the better. However, if we are collecting evidence that is needed to win your case at an early stage, and the evidence is not available yet, sometimes it is better to wait until we get the evidence before we appeal. However we must still appeal before the 60 day deadline.
How do I appeal?
You can appeal in one of three ways.
1) Come to my office with your denial letter and we will fill out the online appeal at Social Security’s website. This is usually the best way because I can help you to remember the information that is needed to prove your case.
2) Telephone the Social Security Administration and make arrangements for your appeal to be handled by phone and mail.
Or 3) go to the social security office to submit your appeal. If you go to the social security office, be sure to take along a copy of your denial letter. Your denial letter will tell you about appealing. The first appeal is usually a "reconsideration." You must request reconsideration and then, after the reconsideration is denied, you must request a hearing within 60 days.
What is the biggest mistake people make when trying to get disability benefits?
Failing to appeal. More than half of the people whose applications are denied fail to appeal. Many people who are denied on reconsideration fail to request a hearing.
Another mistake, although much less common, is made by people who fail to obtain appropriate medical care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors. Thus, for the most part, they stop going for treatment.
This is a mistake for both medical and legal reasons. First, no one needs good medical care more than those with chronic medical problems. Second, medical treatment records provide the most important evidence of disability in a social security case.
Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration and should I gather medical records and send them to SSA?
SSA will gather the medical records, so you don't have to do that. Whether you should ask your doctor to write a letter is a hard question. A few people win their cases by having their doctors write letters. You can try this if you want to. The problem is that the medical-legal issues are so complicated in most disability cases that a doctor may inadvertently give the wrong impression. Thus, obtaining medical reports may be something best left for a representative to do.
When should I contact you about representing me?
We recognize that about one-third of those people who apply will be found disabled even without a representative’s help. We understand that some people may want to go through the earlier stages by themselves. On the one hand, if you are successful in handling it yourself, you will save having to pay representative’s fees. On the other hand, your case might be one in which a representative’s help would make the difference. It is up to you whether to contact us when you first apply or to wait until you are denied; but the general rule is that it is better to contact us earlier rather than later.
Representatives in social security cases do much more than sit in at hearings and ask a few questions. Much pre-hearing preparation, analysis, and evidence gathering go into good representation in a disability case. For this reason you should not wait until a week or two before your hearing to contact a representative. The earlier your representative is able to start preparing for your hearing, the better your chances of winning.
In cases involving termination of benefits for current recipients, a different sort of “hearing” is conducted at the reconsideration stage. Because it is important to have representation at hearings, if you are going to have a reconsideration “hearing,” you should contact a representative as soon as you receive the termination notice.
How much do you charge?
Almost all of our clients prefer a "contingent fee," a fee paid only if they win. The usual fee is 25% (one-quarter) of back benefits up to $6,000.00 or whatever Social Security allows as the current maximum fee at the time that your case is won. That is, the fee is one-fourth of those benefits that build up by the time you are found disabled and benefits are paid.
In addition to the fee, you will be expected to pay the expense of gathering medical records, obtaining medical opinion letters, etc.
If I have other questions, will you answer them by telephone?
Yes. If this website doesn't answer your questions, please telephone us at 320-223-2747 or 320-251-7326.
What would my representative do to represent me in my disability case?
No two cases are the same. Your representative’s role depends on the particular facts of your case. However, some of the things that a representative may do are:
• Talk to you about your individual case.
• Gather evidence such as medical, psychological, therapeutic, employer, vocational rehabilitation, school, test results.
• Analyze your case to see how it fits into social security regulations.
• Contact your doctor to explain social security regulations. Obtain a report to help determine if you meet one of social security’s disability listings and determine your remaining capacity to sit, walk, lift, etc. (residual functional capacity).
• Refer you for a neuropsychological evaluation which is usually paid for by your medical insurance.
• Request that the Social Security Administration send you to a doctor for a consultative examination.
• Obtain your social security file.
• Check actions taken by the Social Security Administration.
• Request that a prior application for benefits be reopened.
• Request subpoenas to insure the presence of witnesses or evidence at your hearing.
• Help to prepare yourself to testify at your hearing.
• Protect your right to a fair hearing by objecting to improper evidence and procedures.
• Cross-examine adverse witnesses at your hearing.
• Submit a written summary of the evidence and argument to the administrative law judge.
• Review, suggest changes or make legal objections to written questions, which are sometimes sent to a doctor by the administrative law judge after a hearing requesting an additional medical opinion.
• If you win, make sure that the Social Security Administration correctly calculates your benefits.
• If you lose, request review of the hearing decision by the Appeals Council.
• If necessary, help you to find an attorney who specializes in representing you in a federal court review of your case.
How can I find a representative to represent me?
Not all attorneys practice before the Social Security Administration. You will do best to find a representative or attorney familiar with the maze of social security regulations and the somewhat unusual social security procedures. Some of these may help you to decide: a friend with experience with a representative or attorney in a social security case; contact with a representative who has answered questions about social security issues; and the local social security office may also be able to give you a list of organizations who practice in this field.
Another good source of referral is the professional association called the National Association of Disability Representatives (NADR). It will refer you to a representative or attorney in your area who welcomes social security cases. You may telephone NADR at the following toll-free number: 1-800-747-6131. You can go NADR’s website here.
This information is provided by Paul Ringsmuth who is a member of the National Association of Disability Representatives (NADR).
Member of National Association of Disability Representatives
