Harrisburg Social Security Lawyers
Aggressive Representation to Recover the Benefits You or Your Children Are Entitled To
CONTACT US FOR A FREE INITIAL CONSULTATION
FREQUENTLY ASKED QUESTIONS ABOUT SOCIAL SECURITY DISABILITY AND SSI BENEFITS LAW.
DO I QUALIFY TO RECEIVE BENEFITS?
To receive benefits under the social security disability and SSI programs, you must have physical or mental health problems (or a combination of problems) severe enough to keep you from working in any regular, paying job for at least 12 months. The test is not whether you have been unable to get a job lately. And, the test is not whether you are unable to go back to your old job. Rather, the test is whether you are capable of doing jobs that exist in the economy in significant numbers.
Using an extensive set of regulations, the Social Security Administration (SSA) will take into account your medical condition, your remaining ability to work, your age, education, training and work experience in deciding your case. At age 50 for most people, and again at ages 55 and 60, SSA's regulations make it easier to be found disabled.
WHAT DO I DO IF I HAVE BEEN DENIED BENEFITS?
Contact our Firm right away. We will request reconsideration of your claim. Many disabled people become disheartened after they receive a disability benefits denial notice and do not pursue their claims. This is a mistake.
Nationally about 60 percent of all applicants are denied benefits initially. But, many of these people ultimately receive benefits. Therefore, if you are disabled but you have been denied benefits, you should contact our Firm immediately so that we can file for reconsideration. Reconsideration must be filed within 60 days of the day you receive your denial notice.
WILL I BE APPROVED ON RECONSIDERATION?
Probably not, but do not be discouraged. So few people have benefits approved at this step that most attorneys view reconsideration simply as a hurdle that must be crossed. SSA is even testing doing away with the reconsideration step so that a claimant could request a hearing after getting an initial denial.
WHAT IS A HEARING?
The hearing, which must be requested within 60 days of receiving the reconsideration denial, is the crucial step of the appeal process where you will have the best chance of winning. More than half of all hearings result in the claimant receiving benefits.
An Administrative Law Judge will preside. Although testimony is taken under oath, the hearing is informal. Strict rules of evidence do not apply.
Medical records will be accepted as evidence. The judge or your attorney will ask you about your medical history, abilities, education, training, work experience and the limitations caused by your disability. You may present witnesses and you have the right to cross examine medical or vocational experts who are sometimes called by the judge to testify. You or your attorney may make a closing argument that you are entitled to benefits under social security regulations.
DO I NEED AN ATTORNEY?
Yes. You absolutely need 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 consider what an attorney would do in your case.
WHAT WOULD MY ATTORNEY DO TO REPRESENT ME IN MY DISABILITY CASE?
Every case is different. 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.
- Analyze your case under social security regulations.
- 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.
- Send 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 consultative examination.
- Obtain documents from your social security file.
- Review actions taken by the Social Security Administration.
- Ask that a prior application for benefits be reopened.
- Seek a waiver of a time limit.
- Request subpoenas to insure the presence of crucial witnesses or documents at your hearing.
- Advise you how best 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.
- Present a closing statement at your hearing arguing that you are entitled to benefits under social security regulations.
- 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.
- 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, represent you in a federal court review of your case.
WHEN SHOULD I CONTACT AN ATTORNEY?
Immediately and before you file your claim. We will represent you immediately to ensure that your rights are being protected and that you receive the benefits to which you are entitled.
WHAT IF I HAVE ALREADY LOST A HEARING?
Contact us immediately. If you are still within 60 days of the day you received a hearing decision denying benefits or a denial from the Social Security Appeals Council, you can take certain action to preserve your claim. You should contact us immediately.
WHAT INFORMATION WILL I NEED TO GIVE MY ATTORNEY AT THE INITIAL CONSULTATION?
When you go to your initial consultation with our Social Security Disability attorney, be sure to take along all your social security papers - denial notices, appeal forms, etc. If you have medical records in your possession, take them too. It would be helpful to take the following information: the names and addresses of all doctors you have seen for your disabling impairment, and the approximate dates you saw the doctors; the names and addresses of hospitals where you have been treated and the dates; the names and addresses of your employers during the last 15 years, dates of employment by each employer and a brief description of your job duties; and the name of each medication you are currently taking, the dosage and the name of the prescribing doctor.
