Posts by gina
Q. What is the difference between SS and SSI?
Both Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits share the same eligibility criteria for disability: the inability to work at a suitable job continuously for a period of twelve (12) months or longer. SSD benefits, also known as Title II benefits, are determined based on the amount of Social Security taxes you…
Read MoreQ. When Can I Expect a Hearing on My Claim?
Due to the high volume of appeals in Social Security cases, it often takes several months before each level of an appeal is decided. You will typically receive several months’ notice before an Administrative Law Judge (ALJ) hearing, and your attendance at the hearing is expected unless you have an extraordinary reason for being unable…
Read MoreQ. What is an Administrative Law Judge Hearing?
A. Social Security (SS) hearings are presided over by an Administrative Law Judge (ALJ). Fortunately, the Western North Carolina area is fortunate to have highly competent and fair ALJs. The hearings are conducted in a relatively informal manner, without a District Attorney or U.S. Attorney trying to deceive or confuse you on the “other side.”…
Read MoreQ. What Happens When I Am Denied Benefits?
The majority of claimants face multiple denials before obtaining a favorable decision on their claim. DO NOT GIVE UP. Your strongest chance to prove your disability lies in having a lawyer represent you at an Administrative Law Judge (ALJ) hearing. You have contributed to Social Security taxes for years, and it is essential to pursue…
Read MoreQ. What Type of Disability is Required Before I Qualify?
A. To be eligible for Social Security (SS) benefits, you must have mental and/or physical impairments of such severity that they prevent you from engaging in substantial gainful activity for a period of twelve (12) months or longer. This means you should be unable to work in any job that you are qualified for and…
Read MoreQ. What Happens in a Social Security Disability Hearing?
A. Social Security Disability hearings are informal. The decisions are made by an Administrative Law Judge who generally lives in the same general area in which your claim is being filed, though some hearings in Western NC are conducted by closed circuit television by Judges who live all over the United States. The people likely…
Read MoreQ. Does Social Security Disability Pay for My Medical Bills?
A. Not immediately. If you are receiving Disability Insurance Benefits, Disabled Widows or Widowers Benefits, or Disabled Adult Child Benefits, you must wait for twenty-four (24) months before qualifying for Medicare, which will pay most of your medical expenses. Medicare pays for doctors visits, for acute care in a hospital, and prescriptions, among other things,…
Read MoreQ. How Long Do I Have to Wait to File for Social Security Disability Benefits?
A. There is no waiting period at all. You can file for Social Security Disability benefits the day you become disabled. Social Security law requires that your disabling condition either result in death or last for a period of twelve (12) months or more. Since the appeals process generally takes several years, you should apply…
Read MoreQ. Can a Child Disabled Since Birth Receive Social Security Disability Benefits Even if S/He Has Never Worked?
A. Yes. If the child is under age eighteen (18) and you are poor enough, s/he may be able to qualify for Social Security child’s disability benefits. If the child is over age eighteen (18), he may be able to qualify for Social Security disability benefits without regard to your income. If you or your…
Read MoreQ. How Do Lawyers Get Paid for Handling Social Security Disability Cases?
A. Most attorneys charge a contingent fee which is the lesser of $7,200 or 25% percent of your back benefits. A contingent fee means that if your claim is denied, no attorneys fees are owed. The Administrative Law Judge must review and approve employment agreements before any legal fees can be charged. Most lawyers will…
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