| Get all the
benefits you deserve.
Do I
Qualify?
If you have worked and paid Social Security
taxes for five of the last ten years, and you
are now totally disabled due to an illness or
injury, you may qualify for Social Security
Disability Benefits.
In most cases, you must prove to the Social
Security Administration that you cannot perform
your former job or any other type of work in the
present economy, and that your disabling
condition will last 12 months or longer.
How
Do I Apply?
Either go in person to the local Social
Security office or phone the regional Social
Security office at (800) 772-1213, to file your
initial application for disability benefits. Expect
your first application to be denied. Most
initial applications are denied. If you have not
already contacted an attorney, this would be the
time to consult with one.
If your initial application for benefits is
denied, you must ask for a reconsideration
within 60 days. Most disability cases are denied
again after the reconsideration appeal.
If you are denied again, you must then
request a hearing within 60 days. At this
hearing you (or you and your attorney) will
present your disability claim to an
Administrative Law Judge. This judge hears
testimony and reviews your doctor’s reports,
your own records and your application. The judge
will usually take several months or longer
before issuing a decision in your case.
What
Benefits Will I Receive?
The amount of a favorable award will depend
partly upon how much income you earned when you
worked. Benefits can range from approximately
$300 per month to about $1,600 per month. These
benefits will be calculated by the Social
Security Administration based upon your income
and your contributions to Social Security. Your
benefits can be affected by any workers’
compensation payments you receive.
There is a five month "waiting
period" for Social Security Disability
benefits, so the Administration will compute the
number of months between the date that you were
first determined to be disabled and the date
that your claim was settled, and then subtract
five months from that number. They will then
multiply that result times your monthly award to
determine the total amount of back benefits due
to you.
For Example:
- You were found to be totally disabled as
of August 5, 2005, by the Administrative Law
Judge.
- Your claim was decided favorably on July
15, 2006.
- Your award was for $1,000 in benefits per
month.
- Disability benefits for eleven months,
minus the five month waiting period, equals
six months benefits now due.
- Your back benefits total $6,000. ($1,000 X
6 months)
Remember...
Each claim is different. A short brochure
such as this one cannot completely prepare you
to present your case, and an attorney cannot
determine in advance how a judge will rule in a
case. There are, however, some simple rules to
follow:
- Always tell the truth.
- Never exaggerate your medical problems,
but never minimize them either.
- Provide all relevant details and specific
examples but don’t ramble in your
testimony.
- Continue to see your own doctor on a
regular basis throughout your claim. Long
periods of time with no medical treatment
could be used as evidence that you were not
disabled during that time. If you do not
have a doctor, you can probably receive
treatment at a county hospital such as
Parkland in Dallas county or John Peter
Smith in Tarrant county.
- Don’t worry. Your attorney will be there
to help you if you forget something or don’t
bring out the necessary details at your
administrative hearing.
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What
Can An Attorney Do For Me?
At Kraft & Associates, we prefer to be
called in on a Social Security Disability claim
right at the beginning so that we can advise you
and help to protect your rights throughout the
Social Security process. We can assist you at
both the initial application stage and at the
reconsideration stage, as well as at your formal
hearing with the Administrative Law Judge.
What we can do:
- Help you obtain the proper reports from
your physicians and specialists.
- Assist you in keeping records that will
detail your condition and the extent of your
disability for the judge.
- Monitor the status of your claim as it
moves through the complicated Social
Security Administration system.
- Request further medical evidence from your
doctors, if necessary.
- Deliver an opening statement on your
behalf at the administrative hearing.
- Ask you the necessary questions at the
hearing to present your case in the most
effective manner.
- Lay the foundation for a remand or
reversal on appeal if the Administrative Law
Judge decides against you.
- Verify that the monthly amount and
beginning date of benefits are correct.
At the law firm of Kraft & Associates, we
will be pleased to assist you with any questions
you have regarding Social Security Disability.
Our law firm also represents people who have
personal injury claims, including automobile
collisions, product liability claims and
premises liability claims.
We invite you to call us with any legal
problem. If we cannot help you, we will attempt
to refer you to an attorney or an agency that
can help you.
Information correct as of July 1, 2005.
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