Social Security Disablity

Am I disabled?

To receive benefits under the Social Security Disability or SSI program, you must have physical or mental health problems (or a combination of problems) severe enough to keep your from working in any regular, paying job for at least 12 months. The test isn't whether or not you are able to go back to your old job, and the test isn't whether or not you have been able to find a job lately. Rather, the test is whether you are capable of doing jobs available in the national economy. By using an extensive set of regulations, the Social Security Administration will take into account your medical condition, age, abilities, training, and work experience in deciding your case.


What is a hearing?

The hearing is a crucial step of the appeal process where a judge reviews the claim and hears the testimony of the claimant. Slightly more than half of all hearings result in the claimant receiving benefits.
A hearing is conducted by the Office of Hearings and Appeals of the Social Security Administration. This is not the same agency that reviews the initial application and your reconsideration. Although an Administrative Law Judge will preside and the testimony is taken under oath, the hearing is generally informal. Strict rules of evidence do not apply. The hearing is private. The only people present will be judge and the judge's assistant, you, your attorney if you have one, and any witnesses you may want to present. Occasionally the judge may ask a "vocational expert? and/or a physician to testify about your medical problems and your ability to work.
Medical records will be accepted as evidence. 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. You or your attorney may make a closing argument that you are entitled to benefits under Social Security regulations.


What is needed to show an impairment?

If you are not performing work, Social Security will first look at your physical or mental impairments to determine if you are disabled or not. The impairment must be a medical or psychological abnormality that can be shown by a medically acceptable clinical and laboratory technique. A physical or mental impairment must be established by medical evidence.


How much does it cost to hire an attorney?

Morgan & Morgan accepts Social Security cases on a contingent fee basis of 25% of past-due benefits. The fee comes from back benefits only and down not affect your future benefits. That is, there is no fee if you lose, although you will be obligated to pay any out-of-pocket expenses incurred by the attorney representing you. Such expenses usually involve charges for copying medical records and payments to doctors for medical reports. In most cases, the Social Security Administration will withhold 25% of past-due benefits for payment of authored attorneys' fees. Your regular mentally benefits will not be affected. Social Security regulations require that attorney fees be approved by the Social Security Administration prior to payment.


Can I be reconsidered for Social Security Disability benefits when I have been turned down the first time?

Yes. You can ask for reconsideration of your application through a Social Security office within 60 days of the date you received the denial. You should state your reasons for reconsideration and present any additional credible evidence to support your claim (i.e. documentation of test results and statements from certified physicians and/or other professionals). Morgan & Morgan can prepare and file these documents for you.


If denied benefits at the reconsideration level, do I have continuing rights to have my claim of disability considered?

Yes. You may ask for a hearing before an Administrative Law judge (ALJ) after having been denied on your original application and reconsideration.


Will the Administrative Law Judge know I have been denied twice and be predisposed to turn me down again?

Yes, he will know of the denials. No, he is not bound by previous decisions. He is required by law to give you a new independent hearing and must make a new decision for or against granting benefits.


How is this hearing different from my previous applications for disability?

It will give you the opportunity to state your side of the application directly to the person making the decision as to whether or not you are disabled. At the end of the hearing, you may also state anything you think is important for him to know in deciding your case.