QUESTIONS & ANSWERS
Social Security Disability FAQs
What is Social Security Disability?
How does the Social Security system define a
disability?
How does someone apply for benefits?
What if my claim is denied?
What is a hearing?
Do I have to hire a lawyer to get benefits?
When should I contact Marks & Harrison to
represent me?
What information will Marks & Harrison
need?
How will Marks & Harrison help me with my
Social Security Disability claim?
What is Social Security Disability?
During working years, employees, employers and self-employed
people pay into the Social Security system. When a worker’s
earnings stop or are reduced because of retirement, death, or
disability, Social Security benefits will be paid to the
worker or family based on the contributions he or she made
into the system. Disability benefits are provided under two
programs. Social Security Disability (SSD) provides benefits
to disabled people or their families who have made prior
contributions to the Social Security system. Supplemental
Security Income (SSI) provides benefits to disabled people who
have very limited resources. Both programs also provide
benefits to a disabled widow or widower as well as to disabled
children.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
How does the Social Security system
define a disability?
Under the Social Security Act, disability is defined as the
inability to work due to a medically determinable physical or
mental impairment that has lasted or is expected to last 12
months or results in death. The medical determination is based
on a physician’s report, laboratory reports, and physical
signs and symptoms. Non-medical factors such as age,
education, and prior work experience are also considered.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
How does someone apply for benefits?
You begin by telephoning the Social Security Administration
to either give your application over the phone or schedule an
appointment to apply for benefits in person at a local Social
Security office.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
What if my claim is denied?
The most common mistake people make is failing to appeal. More
than half of the people whose applications are denied fail to
appeal. If your claim is denied, you should file a Request for
Reconsideration (an appeal). If your Reconsideration is
denied, you should file a Request for a Hearing. The denial of
claims is frequently reversed on appeal. Only about 40% of
claims are approved at the initial level. The remaining approvals are obtained through the appeal process, with 20% of claims
being approved at Reconsideration.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
What is a hearing?
The Hearing is the crucial step of the appeal process where
you will have the best chance of winning. A Hearing is
conducted by the Office of Hearings and Appeals of the Social
Security Administration. This is not the same agency that
denied your Initial Application or your Reconsideration. 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 any witnesses you may want
to present. 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.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
Do I have to hire a lawyer to get
benefits?
A person does not need a lawyer’s help to file an
application. However, if your claim is denied, a lawyer’s
help can make a difference in whether or not you are
successful in winning on appeal. The Government’s own
statistics show that benefits are awarded far more frequently
to people with attorneys than to those who handle their own
claims without an attorney to represent their best interests.
For instance, as part of the claims process, you may have a
hearing before an administrative law judge, and that
appearance is a legal proceeding. An attorney experienced in
social security disability claims can help you at the hearing
and may mean the difference between your receiving benefits or
not.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
When should I contact Marks &
Harrison to represent me?
The sooner the better. However, the place where representation
makes the most difference in the outcome of your case is at
the Hearing stage. So, it’s very important that you arrange
for attorney representation early enough to allow time for
hearing preparation. It is best to
contact the VA social
security disability lawyers of Marks & Harrison
as soon as your application for benefits is denied. Much
pre-hearing preparation, analysis and evidence gathering go
into adequate representation in a Social Security case. The
earlier Marks & Harrison is able to start preparation for
your hearing, the better.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
What information will Marks &
Harrison need?
When you go for your first meeting with your VA social
security disability attorney, bring
all your Social Security papers — denial notices, decisions,
appeal forms, etc. If you have medical records, bring them
too. It would also be helpful to take to your attorney the
following information: the names and addresses of all doctors
you have seen for your medical problems and the dates and
number of times you have seen the doctors; the names and
addresses of all hospitals where you have been treated as an
inpatient or outpatient 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 presently
taking, as well as the dosage and the name of the prescribing doctor.
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
How will Marks & Harrison help me
with my Social Security Disability claim?
There is never a charge for an initial consultation, and you
will pay no legal fees unless your claim is approved. Our team
of lawyers and support staff strives to satisfactorily meet
client objectives and goals by focusing on your case. Should
you choose to have us represent you, we will do the following:
- Gather and review medical and other evidence
- Analyze your case under Social Security regulations
- Contact your physician and explain Social Security regulations to obtain a report consistent with the regulations
- Refer you to specialists for further medical reports in answer to questions raised by the Social Security Administration
- 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 to obtain more retroactive benefits for you
- Seek waiver of a time limit
- Request subpoenas to ensure the appearance of crucial witnesses at your hearing
- Present a closing argument at your hearing
- Ensure that the Social Security Administration is paying you the appropriate amount of benefits
- If necessary, request an appeal of your case to the Appeals Council
- If necessary, represent you in a federal court review of your case
For more information on social security disability claims in Virginia, please review our Social Security Disability page.
For more information on social security disability claims
in Virginia, please review:
Social Security
Disability
Social
Security Disability Legal Glossary
Contact Us
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