No, you can be disabled in an SSA claim due to any physical or psychological diagnosis. A diagnosis can be singular or in combination with others; the SSA does not make a distinction between primary or secondary diagnoses. A diagnosis either has an impact on ability to work or it does not, if it does not, then it is not considered.
Frequently Asked Questions (FAQs)
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- Initial Application
- Reconsideration (1st appeal)
- Administrative Hearing (2nd appeal)
- Appeals Council Review
- U.S. District Court
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Our firm will accept a new client at the first three stages of a Social Security claim. However, please contact our office if you have received a denial at the Hearing level, as there may be other avenues that are open to you.
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Social Security Disability Insurance (SSDI) is the disability program that is tied to your earnings record. In order to qualify for SSDI, a claimant must have worked five full years out of the previous ten years and paid into the Social Security system. It is not necessary for those years to be consecutive, however they are cumulative.
Supplemental Security Income (SSI) is an indigent program and was developed for people who have not worked and/or paid in to the Social Security system five out of the previous ten years. This program, however has two eligibility factors. One is a financial component, and the other is the same disability component as SSDI claims. However, if you do not meet the financial component, the disability factors, under most circumstances, do not matter.
If you are in doubt about which programs you may or may not be eligible for, please contact our office and we will be happy to assist in determining your eligibility.
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Social Security regulations require that you be unable to work for twelve consecutive months. If you return to work prior to that timeframe, there will be no claim. Once you have passed the twelve month mark, and you return to work, you will still have a Social Security Disability Insurance (SSDI) claim, however, the structure of that claim will change.
If you are eligible for Supplemental Security Income (SSI) only, and you return to work, your SSI benefits will be adjusted according to any income you receive.
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Unfortunately, this is not an overnight process. Initial application generally takes from 4 to 6 months for a decision to be rendered. If it is a denial, the Reconsideration may take 2 to 4 months for a decision and if it is a second denial, an administrative hearing generally takes from 9 to 18 months for a hearing to be scheduled.
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Approximately 90 to 95% of the time. In fact, on the occasions where a client's claim is denied by an Administrative Law Judge, it is because the judge improperly ignored compelling evidence. Historically, this occurs approximately 5% of the time. After traveling throughout the United States, Mr. Davis believes most judges base their decisions primarily on the evidence; unfortunately, there are a few judges that deny a high percentage of claims.
When a client's claim is denied by a judge, our firm has had tremendous success having the Appeals Council remand the client's case for a second hearing due to errors in the judge's decision. This is due to the aggressive manner in which the case is developed prior to the hearing. Also, the client is usually instructed to file a second claim while the appeal is pending; most of these second claims are eventually approved.
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We believe you should contact an attorney even before you file a claim with the Social Security Administration (SSA). The reason for this is simple…planning and preparation of your disability claim should begin before you file an application! You need a strategy to win your case from the very beginning. It is critical you understand how to manage the process sooner rather than later.
The prevailing opinion at SSA and among many legal professionals is that you should not consult or hire an attorney until after your claim has been denied by SSA twice and are filing for a hearing before a judge.
We have come to realize that this is not the best advice and could be fatal to your case because SSA does not represent you. Unfortunately, SSA often looks for ways to deny rather than to approve a claim. By waiting until you have been denied twice by SSA to obtain legal advice, you will be without a strategy and at SSA's mercy for 6 to 8 months. During this time, our experience is that many claimants do irreparable harm to their cases.
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Because we use an aggressive approach in developing evidence early in your case and we believe we can provide value from the day your first file your claim. Our firm will develop a strategy to develop and obtain evidence in your case beginning with your first visit. Our Team Members will try to win your case even at the first level of review by the Social Security Administration (SSA). Too many individuals mistakenly assume there is nothing that can be done to try to win their case before they appear before a judge.
Our firm’s strategy of aggressively developing evidence early in your case has resulted in easing a client's stress while often winning their cases without having to appear before a judge. Our strategy also minimizes mistakes that are often made early in cases and seriously hurt the ability to win your claim.
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Good news…you do not have to come up with any money to hire our firm.
Attorneys' fees in Social Security disability cases are regulated by SSA and federal law. Thus, virtually every disability attorney works on the same fee basis.
In Social Security disability cases, our firm usually works on the same fee basis as one of your local attorneys. The fee agreement is on a contingency fee basis, meaning you pay the firm a fee only if your claim is approved and you are awarded retroactive benefits.
Pursuant to federal law, the attorney's fee is 25% of you and your family's past due disability benefits or $6,000, whichever is less. For example, if you and your family have $10,000 in retroactive benefits, the attorney's fee is 25% or $2,500. If you and your family’s retroactive benefits are $100,000, the firm’s fee is only $6,000, not $25,000.
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Yes. If it is necessary that you attend a hearing before an Administrative Law Judge, one of our attorneys will personally represent you. Remember however, there are two levels of review at Social Security Administration (SSA) (with two opportunities to win your case) before the hearing stage. Thus, it is possible you may win your case early in the process and not have to attend a hearing.
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Disability attorneys who represent claimants on ERISA disability policy claims may use a contingency fee basis, hourly fee basis, or a hybrid contingency-hourly agreement to collect a fee for their services.
A contingency fee agreement provides that your ERISA law firm will be paid a portion of the proceeds of your claim if they are able to obtain a favorable result for you, such as receiving a lump-sum buyout by the insurance company or plan administrator. Some disability attorneys will structure their contingency fees agreements so that they will receive different percentages of your past due and future benefits. Disability lawyers may also include a provision that provides payment of their fee will come out of each of your monthly benefit checks, should you be put back on claim. Contingency fee agreements are preferable for many claimants who may not have the financial resources to pay out-of-pocket for a disability attorney on an hourly basis.
Some ERISA attorneys represent claimants on an hourly basis, where the client simply pays for the lawyer's time on the cases at a set rate. An hourly basis may be preferable in some situations, such as if the disability lawyer is only being engaged for limited services (writing an appeal letter, for example).
Other ERISA disability lawyers will take cases on a hybrid agreement, where a portion of the claim is on an hourly basis and the other portion is on a contingency fee basis. Specifically, the agreement may provide that through the final decision by the insurance company or plan administrator the disability attorney will be paid on an hourly basis, and if litigation is required, then the fee basis switches to the contingency portion of the agreement.
The type of agreement that is right for your claim depends on what works for you, the particular circumstances of your claim, and the preferences of a given disability lawyer.
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This Website is intended to convey general information only. The information presented here should not be construed as formal legal advice or opinion. It is not an offer to represent you, nor is it meant to form a lawyer/client relationship. Any email sent via the internet using email addresses listed or forms in this website would not be confidential and would not create an attorney-client relationship. Any examples of past results are not a guarantee or indicator of future results. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.