1)  How do I apply for Social Security benefits?

A.  Contact Kelley Stiffler Thomas - Lee and Collier  (239) 949-8639
                                                         Charlotte          (941) 624-3035

            B.  You may contact the Social Security Administration by phone
            C.  You may contact the Social Security Administration website, www.ssa.gov.

2)   How does the Social Security Administration define “disability”?
The SSA defines disability as the inability to engage in substantial gainful activity by reason of any medically determined physical/mental impairment which has lasted or can be expected to last for a continuous period of at least 12 months, or will result in death.

3)  How does the Social Security Administration determine if I am disabled?
            The SSA uses a step-by-step process involving five questions:
            1) Are you working?
            2)  Is your condition “severe”?
            3)  Is your condition found in the list of disabling conditions?
            4)  Can you do the work you did previously?
            5)  Can you do any other type of work?

4)  What process does Social Security use to determine if I am disabled?
The claimant must complete an initial application which is then reviewed by a disability examiner at your local office.  If your claim is denied, you may file a request for Reconsideration.  Your request is sent to the disability examiner, and another decision is made on your claim.  If your claim is once again denied, you may request a Hearing.  An Administrative Law Judge, employed by the Social Security Administration, presides at the Hearing and makes an independent decision based on the facts of your case.

5)  Once I become disabled and can no longer work, do I have to wait before I can apply for Social Security Benefits?
There is no waiting period.  You may apply for benefits as soon as you are unable to engage in substantial, gainful employment.

6)  If I am currently receiving Worker’s Compensation benefits, and I eligible to receive Social Security Benefits?
Yes.   However, there may be an offset which may reduce the amount of Social Security benefits you receive.

7)  How can I improve my chances of receiving Social Security benefits?
The best way is to hire an experienced attorney to represent you.  Statistics show that those who have an attorney are more likely to receive benefits.

    8)  How do I apply for Social Security Disability?
You can call the toll-free number at Social Security, 1-800-775-1213. You can also go to your local Social Security office that handles the county where you live and file an application in person.   Your third option is to call your local office and schedule a phone interview to make your application.  We can help provide you with the direct telephone numbers of the local office and their addresses.

9)  Is there a difference between Social Security Disability and SSI?
You can be eligible for Social Security Disability if you are currently disabled and have worked in the past and paid taxes for disability insurance benefits.  You may be entitled to SSI benefits if you are disabled and have not worked enough and have low household income with little or no assets.

Children under the age of 18 who are disabled and their parents have a very low household income and little or no assets may be entitled to SSI benefits.

10)  Do I have to pay my Attorney by the hour in a Social Security case?
No, you pay your Attorney only if you win.  There are no up-front fees paid.  If you win the Social Security Administration will deduct 25% of your back benefits to pay your attorney up to a maximum amount of $5,300.00.  All attorney fees must be approved by the Social Security Administration.   

11)  Do I need an attorney to help me with my Social Security Disability case?
For the average individual the Social Security Disability process can be frustrating and overwhelming.  An experienced attorney can assist you in making sure the facts about your case are accurately and adequately provided to the Social Security Administration.

12)  Does hiring an attorney guarantee I will win my case?
No attorney should ever guarantee a client that if they hire him they will win their case. Good evidence wins cases.  An attorney will assist you in making sure that evidence is gathered and properly submitted.  It is up to your attorney to present your evidence in the best light possible for you.

13) How do I appeal an unfavorable decision by the Social Security Administration?
There are three basis ways a denial can be appealed.  You can call your local office and appeal you case over the telephone.  You can personally visit your local office and file your appeal paper work in person. Thirdly, you can have your attorney prepare the proper documentation for submission to the Social Security Administration.

14)  If I am denied benefits and fail to appeal within 60 days is my case over with forever?
No, you can file a new application at any time.  However, the fact that you failed to timely your appeal will probably mean that you will lose some back benefits.

15) Why should I appeal an unfavorable decision by the Social Security Administration- Aren’t they always right?
The Social Security Administration is not always right in their decision.  This is borne out by the many people we have assisted obtain benefits who are initially denied.   It is not right simply because the Social Security administration says so. Contact us to discuss your chances in an appeal.
           
16) Can an attorney appear with me at my hearing before an Administrative Law Judge?
Absolutely in that, I believe you are at a disadvantage if you are not represented at this hearing.  All clients can benefit from the assistance of an experienced attorney.

17) What are some of the medical conditions that could disable me and make me eligible for Social Security Disability?

• Chronic back or neck pain
• Mental disorders
• Rheumatoid or Inflammatory Arthritis
• Cancer
• Multiple Sclerosis
• HIV positive
• Chronic Heart Failure
• Major dysfunction of joints
• Diabetes
• Amputations
• Hearing Impairments
• Chronic liver disease
• Impairment of vision
• Other severe medical conditions

18) If I win my Social Security Disability case will I get Medicare or Medicaid?
Generally, you should be eligible for Medicare benefits 24 months after your date of entitlement for Social Security Disability.  You should be entitled to Medicaid as of the date of entitlement for SSI.

19) Will you tell me if I have a good case for either Social Security Disability or SSI?
An attorney should not advise a client if they have a good or a bad case.  No attorney knows for certain whether your conditions will be determined to meet the definition of disabled.  It is the attorney’s job to assist his client with the gathering of evidence and to represent that client in a zealous manner.

20) I am currently receiving veteran’s administration benefits.  Can I collect Social Security Disability benefits as well?
Yes, though the VA will generally be entitled to an off set for the social security benefits that have been paid.

21) If I am convicted of a crime and an incarcerated for 60 days am I still entitled to Social Security Disability Benefits?
If a person is convicted of a crime and spends more than 30 consecutive days incarcerated his benefits will be suspended.  

22) My 10 year old son has a disability can he collect Social Security Disability?
No, but children under the age of 18 who have a medically determinable physical or mental impairment which results in marked or severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months may be entitled to Supplemental Security Income (SSI).  Please note that the financial means of the child’s parents plays a large part in the child’s potential entitlement.

23) If I am approved for Social Security Disability benefits how much will I receive?
The amount of Social Security Disability benefits is generally calculated based upon how much you earned when you worked and how much you paid into the system.

24) I am 29 years old with a 9th grade education, will my age and limited education factor into whether I will be entitled to Social Security Disability benefits?
Age and education clearly play a part in the education process.  An older person generally would have difficulty adjusting to learning a new job.  Also, an individual’s education is a vocational factor that may impact the kind of work they could perform.

25) I am receiving Long Term Disability benefits- do I have to apply for Social Security Disability?
Generally there is a policy that the long term disability carriers require you to apply for Social Security Disability benefits.  This is because any payment by Social Security reduces the amount of the Long Term Disability carrier will have to pay.