FAQ (frequently asked questions)

1. How do I apply for Social Security benefits?
   You should call the Social Security Administration at 1-800-772-1213 or go to your nearest Social Security office to arrange for a telephone interview or in office interview.

2. Should I hire an attorney?
   We recommend that every person filing for Social Security Disability benefits and/or SSI should call for a free case review. A disabled worker may qualify for lifetime benefits. It is essential that all applicants know their legal rights and prepare for the best presentation of their claim.

3. Do I pay the attorney?
   There is no charge for a full case review. Unless you win your case and are awarded benefits, there is no fee for legal services.

4. When should I hire an attorney?
   We recommend you contact a qualified attorney with experience handling Social Security claims as soon as possible to arrange for an office visit to review your work history, disability status and all medical records and reports relevant to your disability.

5. If I win how much will my attorney charge for legal services?
   The amount of attorney fee will be dependent upon the retroactive benefits payable to you. The Social Security Administration usually withholds 25% from past benefits due at the time of a successful decision in accordance with the contingency fee agreement we use. No fee will be charged with respect to future benefits.

6. What medical conditions or injuries are considered by Social Security?
   All conditions or injuries that limit your ability to work will be considered provided there are medical records and reports setting forth the nature of the condition and opinion from the doctor regarding your resulting disability.

7. How do I establish that I am disabled?
   The Social Security Administration will consider all medical reports that are submitted for their review. It is essential that all medical records relevant to your disability are submitted to the Social Security Administration.

8. Will the Social Security Administration obtain medical reports for me?
   Generally, yes. However, there is no guarantee that the Social Security Administration will obtain all records and reports. There is no guarantee they seek a clarification from your doctor regarding the full nature and extent of your disability. There is no guarantee that they will follow-up and get updated reports during the course of your evaluation. These clarifications and updates may be critical to a determination in your case.

9. How will my attorney help me with my claim?
   We routinely obtain all relevant medical records and reports; correspond with your physicians or other medical professionals to clarify the extent of your disability. We usually send specific forms to your doctors for their completion which define the nature of your disability and increase your likelihood of a successful decision.

10. Am I responsible to pay for the cost of medical reports?
    Yes. We advance payment for medical records to ensure the likelihood of a successful decision; however, we are ethically required to request that you reimburse our office for the cost charged by the hospitals or doctors.

11. Can I get Social Security Disability and Workers' Compensation at the same time?
    Usually yes, but the Social Security Administration may reduce your disability payments if those payments and your Workers' Compensation awards together equal more than 80 percent of your pre-disability income. It is important that you apply for all available benefits so that you ensure the highest wage replacement available.

12. Will my attorney help me with both Workers' Compensation and Social Security?
    We represent claimants regarding both Workers' Compensation and Social Security Disability. We advise our clients relative to all available wage replacement whether from negligence claims, no-fault benefits, unemployment benefits, New York State Disability benefits, employer retirement and/or long-term disability policies.

13. When should I apply for Social Security Disability?
    We recommend that injured workers file for Social Security Disability as soon as it becomes clear the disability will last for more than one year.

14. Must I wait for one year from the onset of disability to file for disability benefits?
    No. As soon as your doctor confirms that you may not be able to return to your past work, or any work for more than one year, you should meet with a qualified attorney to review your claim.

15. Should I wait until I am denied disability benefits to contact an attorney?
    No. We recommend that a full case review be scheduled with a qualified attorney before you file your claim.

16. Should I submit my disability application to Social Security without having it reviewed by an attorney first?
    We recommend that all applications or disability reports are reviewed by a qualified attorney before submission.
    While the Social Security Administration may assist with the initial biographical information or preparation of disability forms, we recommend that they not be submitted without a detailed independent review by our office.

17. Why is it important for my application to be reviewed before it is filed?
    The original application or disability report will be the first exhibit in your permanent case file. The answers you give will be reviewed not only by the Social Security Administration but also any Administrative Law Judge who may later review your claim.

18. If my application is denied, what should I do?
    Whether or not you have hired an attorney prior to your receipt of any denial, you should immediately have your claim reviewed by a qualified attorney. There is a 60 day time limit within which to request a hearing from an initial denial. If a request for hearing is not filed in a timely fashion, you may be unable to obtain all the benefits you may otherwise have claimed.

19. How much will I get if my application for Social Security Disability benefits is approved?
    The amount of Social Security Disability benefits will depend upon your work history. Both the years you worked and amount you earned will be considered.

20. How can I find out the amount of benefits I will be awarded, if successful?
    You should contact the Social Security Administration and obtain a copy of your first statement periodically, SSA will mail you an Earnings Benefit Statement. Otherwise, You should carefully review the Earnings and Benefit Statement to determine whether all of your employments are listed. If any question exists, you should contact the Social Security Administration for clarification and/or obtain a review by a qualified attorney.

21. If I take early retirement under Social Security, can I also apply for Social Security Disability benefits?
    Yes. If you take early retirement because of a disability, you still may qualify for Social Security Disability benefits. This may result in your obtaining a higher Social Security payment. If successful, this increase in benefits will continue for the rest of your life, initially as Social Security Disability benefits and later as a higher amount for regular retirement under Social Security.

22. If I file for Social Security Disability, should I also apply for SSI?
    Generally, yes. However, if your assets or earnings exceed a certain amount, you may not qualify for SSI in addition to Social Security Disability benefits. The exact amount of assets or income which will render you ineligible for SSI changes from time to time. You should check with the Social Security Administration to determine the exact amount that applies at the time of your application.

23. If I receive a settlement of a negligence claim, does this affect my ability to file for Social Security Disability?
    No. If you are disabled from returning to work, you should apply for Social Security Disability benefits. A successful claim will result in an on-going wage replacement which is not affected by any personal injury settlement.