SOCIAL SECURITY
BASIC QUESTIONS AND ANSWERS ABOUT SOCIAL SECURITY DISABILITY
What are Social Security. Disability. Benefits?
They are monthly cash benefits paid to disabled people who are no longer able to work on a full time basis.
If I qualified for Social Security Disability. Payments, how large would my monthly check be?
The amount you receive monthly depends upon several factors, how long you worked before you became disabled: how much money you earned when you did work: whether you have any dependent children in your household.
Generally, benefits can range between $300 to $1,500 per month. Roughly speaking, an average wage earner who has worked his/her entire life and then becomes disabled at age 55 can expect a benefit in the $900 to $1,000 per month range.
How do I apply for Social Security Benefits?
You go to your nearest Social Security District Office and complete an application form. The application may also be initiated by calling Social Security at 1-800-772-1213.
You may want to consult with an attorney experienced in Social Security matters prior to the time you apply and it may be wise to have your attorney assist you in filling out the various forms in order that you not make mistakes on those forms which could hurt you in your ability to obtain benefits. If your initial application is complete, accurate, and well documented, your chances of getting benefits are improved.
Will Social Security. consider what my doctor says about my medical condition - my doctor says I should not work any longer?
Social Security will often have you examined by doctors of their choosing. Sometimes they will ask your doctor for reports, but sometimes they will not. You have a right to have your doctor's opinion considered if your request for benefits is initially turned down and if you appeal that denial. Close cooperation between you, your doctor and your attorney can be very important in assuring that your doctor's opinion is fully considered by Social Security.
Will Social Security. consider my complaints of "pain and discomfort" associated with my medical condition?
Very often a person's "medical condition" produces pain, and it is the presence of pain which actually prevents a person from working.
The law requires that Social Security consider your complaints of pain. Social Security considers "pain" as a symptom of an underlying medical condition. Before they will consider your complaints of pain, there must be medical findings made by a doctor that your medical condition would likely produce the pain about which you are complaining. This is an area where cooperation between yourself, your doctor, and your attorney is a very important aspect of a successful case.
If a person has a mental problem which prevents them from working, can they be eligible for Social Security Disability Benefits?
Mental problems which people suffer are considered in much the same way that other medical problems are. If the mental problems are sufficiently severe so as to prevent a person from working, they can be the basis for a disability.
Quite often people suffer both physical and mental problems. It is not uncommon for a person in failing health to become very depressed about a medical condition that has greatly interfered with their basic enjoyment of life. The law requires that Social Security consider the combined effect of both physical and mental problems.
If my initial application for Social Security Disability Benefits is denied, should I appeal that decision?
Of those people who appeal an initial decision which denies them benefits, approximately 50% are ultimately successful in obtaining disability benefits thru the appeal process. Remember, you are generally not entitled to a "hearing" before an impartial judge unless you do appeal your initial denial. The appeal "hearing" is generally the first opportunity you have to fully explain how your medical problems prevent you from working on a full-time basis.
An attorney experienced in Social Security cases can advise you as to whether an appeal in your case would be in your best interest.
If I do appeal and ask for a "hearing", what can I expect?
The hearing will be conducted by an "Administrative Law Judge" (ALJ) who is a lawyer specially trained to hear only Social Security cases. Normally the ALJ will ask you many questions concerning your medical problems, your prior work experience, and your daily activities. Often the Social Security Administration will have an expert witness known as a "vocational expert" present to testify about what jobs you might be able to do even though you cannot do your old job.
Although the hearing is "informal", what is said or not said is vitally important to the overall success of your claim. It is important to be prepared for the hearing.
Should I have an attorney represent me in connection with my Social Security Disability claim?
An attorney can assist you with your initial application as well as on any appeal. You are not required to have an attorney, but the majority of people who appeal an initial denial of benefits do have attorneys.
Statistics maintained by the Social Security Administration show that people who are represented by attorneys have a significantly higher rate of success in ultimately obtaining benefits.
I am not working now because of my medical problems. I would like to have an attorney represent me but I am not sure if I can afford to hire an attorney?
Attorneys who are experienced in handling Social Security cases will often take cases on a "contingent fee" basis. This means that the attorney will charge you an attorney fee only if the attorney wins the case. The fee is usually paid from the lump sum of "back benefits" which Social Security will pay you which date back to the time you became disabled.
This fee arrangement permits people of average or modest means to have the benefit of legal representation on an affordable basis.
This section was prepared by Attorney Robert Angermeier to whom Attorney Cabaniss refers Social Security cases.
Robert C. Angermeier, Esq.
Angermeier & Rogers Law Offices
312 East Wisconsin Avenue
Suite 210
Milwaukee, Wisconsin 53202-4305
(414) 289-9200
Fax: (414) 289-0664