FAQs – Social Security
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. How Do I Select a Lawyer?
A. Social Security law undergoes regular changes due to new Congressional legislation and Court decisions. Therefore, it’s essential to choose a lawyer who specializes in Social Security court cases and stays up-to-date with the latest developments. Look for an experienced, knowledgeable, and dedicated lawyer who genuinely cares about your claim and its success. Russell Bowling…
Read MoreQ. How Much Will a Lawyer Cost Me?
A. The approval of attorney fees charged by the lawyer is required by the Administrative Law Judge. Social Security cases are typically handled by lawyers on a contingency or percentage (%) basis. The standard percentage is twenty-five percent (25%) of any past-due benefits that you may be entitled to. In the event your claim is…
Read MoreQ. What if My Disability is Caused by Alcohol or Drugs?
A. Legislation passed by Congress places significant restrictions on the eligibility to receive Social Security benefits if your disability is contributed to by substance abuse problems. Currently, the law is not favorable to such claims. However, with the assistance of an experienced lawyer, a thorough analysis may uncover alternative grounds that constitute legitimate reasons to…
Read MoreQ. What if I am Receiving Workers’ Compensation Benefits?
A. Social Security (SS) law mandates that any other benefits you receive must be taken into account. Consequently, your SS benefits may be offset or reduced based on the other benefits you are entitled to. It is essential to adhere to Federal law and report all payments you receive. However, with meticulous planning and appropriate…
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 Witnesses or Evidence Will I Need at the Hearing?
A. Medical reports from your treating doctors play a crucial role in most hearing issues, particularly when it comes to medical questions. It’s important to note that doctors are not required to attend Social Security hearings. The Administrative Law Judges (ALJs) will not base their decisions on the number of witnesses present. To prepare for…
Read MoreQ. Should I Try to Work if I Have Applied for Social Security?
Yes. While you cannot be eligible for Social Security benefits while working full time, the law allows you to make “work attempts” for certain periods without facing penalties. However, it is essential to report any work attempts and be completely open with your lawyer and the ALJ about all the times you worked or attempted…
Read MoreQ. Why Won’t Social Security Pay for my Disability Without an ALJ Hearing?
Only a limited few applicants in North Carolina receive benefits before the Administrative Law Judge (ALJ) hearing. Social Security decisions and opinions prior to the ALJ hearing are typically made by individuals who have never personally examined or spoken with you. Many Social Security doctors provide opinions on your physical condition without conducting an actual…
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…
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