1. Most applications are denied initially and on reconsideration, which means that filing your appeal on time is imperative!
According to a recent national study of Social Security Disability applications*, the State of Ohio experiences some of the highest Social Security denial rates around the country: for applications filed in 2005, 71.7% of cases were denied at the initial level, and of those cases which were properly appealed, 88.8% were subsequently denied at the reconsideration stage. Don't give up!! Most cases have to go all the way to a hearing, the third level of appeal, in seeking a favorable decision. [* statistics published by NOSSCR in the Social Security Forum, Volume 28, No. 6, June 2006.]
2. If your disability claim is denied, and you file a new application instead of appealing the denial, you could be cutting yourself out of benefits that you are otherwise entitled to.
If your claim for disability benefits is denied, you must file the correct appeal form and supporting documents within 60 days in order to keep your claim alive. If you file a brand new application instead of filing a timely appeal, the previous application usually remains closed -- which means that you lose any benefits that you might have won under the previous case. If this has happened to you, call us immediately to see if we can help you to reopen applications that were previously denied and not properly appealed.
3. Seeking help from an attorney can benefit you at any stage of the application process, and you should never appear at a hearing without first retaining an experienced lawyer!
HGC represents disabled people at all stages of the application process, assisting with document preparation and acting as a liaison between you and the Administration. We can ensure that all appeal deadlines are met, that your forms are completed properly, and that an emergency hearing is requested when appropriate. However, even if you choose to go it alone during the first two stages of appeal, you should never appear at a hearing without experienced counsel. It can be virtually impossible to recover from mistakes that are made at the hearing level. Call HGC now to find out how we can assist you at any stage of your application.
4. If you make a mistake when you fill out your paperwork, you might contribute to the delay, denial, or dismissal of your case.
When you apply for Social Security disability benefits, you will usually have to complete numerous different documents and forms. How your forms are completed can have a huge impact on your case, and a mistake could cost you a favorable decision or cause you to have to file a new application. Please contact HGC for assistance in completing your forms or appeal paperwork.
5. HGC does not require any up-front payment of attorney fees, and does not require any up-front payment of costs.
At HGC, we offer a Contingent Fee Agreement to disability clients, which means that we do not get paid a fee on a Social Security case unless and until we are able to win you some past due benefits. If we are able to assist with your favorable decision, our fee is 25% of the retroactive portion of your case, and the Administration will withhold our fees from your lump-sum award [the check that represents all of the benefits you are due for the period of time from application until the favorable decision]. All regular monthly benefits which you receive after a favorable decision belong to you. HGC also does not require any prepayment or trust deposit for costs.
6. It may be possible to obtain an expedited hearing in a case where you are experiencing an emergency.
The third stage of appeal involves a hearing before an Administrative Law Judge and, as discussed above, most claims will need to go all the way to the hearing level. At the hearing office in Columbus, Ohio, there are over 10,000 claimants currently awaiting a hearing – this creates a wait of 24-26 month between the time that a Request for Hearing is filed and the time that the hearing takes place. However, where dire circumstances exist [such as an impending eviction, home foreclosure, or medical emergency] it may be possible to shorten the waiting period. Always let us know if you are having an emergency so that we can discuss the possibility of an expedited hearing.
7. Disabled adults and children may qualify for benefits under the Social Security program, but the requirements for proving disability are different for each.
Simply being diagnosed with a medical or psychological impairment does not automatically qualify someone to receive Social Security disability benefits. The impairment or combination of impairments must be so severe that it seriously interferes with the person's functioning. For an adult, the issue will revolve around the ability or inability to perform work activity. For a child, the Administration will evaluate the child's abilities in certain areas of functioning, such as communication, motor skills, and socialization. Contact us for additional information about how disability will be defined in your case.
8. When determining whether or not you are "disabled," the Social Security Administration is required to consider all of your medical and psychological impairments.
Many people believe that they have one medical or psychiatric condition that is their "worst" impairment, and that they are disabled because of that one condition. However, when determining whether you meet their definition of "disabled," the Social Security Administration must consider all of your impairments in combination. Therefore, it is very important to list all of your physical and psychological conditions when you file your disability application, even if you think that the condition is not important. We can help you to relay the most complete medical and functional information to SSA.
9. Your application could be denied because of your failure to cooperate with the Social Security Administration.
As a part of your disability application, the Social Security Administration may ask you to attend a doctor's appointment with one of their consulting doctors, to complete additional forms or documents, to answer questions in person or by telephone, or to provide medical records. If you are unable to comply with one of these requests, your application could be denied for simply failing to cooperate. Having an attorney to assist with these tasks can make all the difference.
10. You may be eligible to receive disability benefits even during months when you were working.
Social Security's definition of "disabled" necessarily requires a finding that you are unable to work. However, there are exceptions to this rule which may permit you to draw a benefit during months when you had income from a job. Some examples include periods of part time work, temporary attempts to return to work, trial work periods following a finding of eligibility, or work done for an employer who gives you special accommodations. Call HGC to determine whether you may be able to draw benefits for periods of time when you were able to work.