WHAT TYPES OF SOCIAL SECURITY DISABILITY BENEFITS ARE AVAILABLE?

There are two types of Social Security Disability benefits:

 

1) Title II Disability Insurance Benefits are based on what you pay into the Social Security system when you work. (FICA deductions).

 

2) Title XVI Supplemental Security Income Benefits are for people who have not worked enough to become fully insured, but who meet the disability requirements.

 

You may be eligible for both types. Check and make sure you have filed all applications for which you are eligible.

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HOW DO I FILE AN APPLICATION?
Contact your nearest Social Security office or call the toll-free number (1800-772-1213)

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HOW LONG WILL IT TAKE?
It will take approximately ninety (90) days to process you application and receive a decision. You will be required to fill out several forms and the Social Security Administration may send you to a doctor for an examination.

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WHAT DO I DO IF I AM DENIED?
Your must file a Request for Reconsideration within sixty (60) days after you first denial. It will take approximately ninety (90) days to receive a decision.

 

Your next step is to request a hearing before an Administrative Law Judge (ALJ) which must be done within sixty (60) days of you Reconsideration denial. It will take approximately one (1) year from the day you file you Request for Hearing to receive a hearing date.

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WHAT HAPPENS AT AN ALJ HEARING?
You will appear before an Administrative Law Judge (ALJ) to present your case. The SSA may have one or two experts present to testify regarding your past work experience and medical records. You will be able to bring witnesses of your own to testify for you and present additional evidence.

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WHAT DO I NEED TO DO TO PREPARE FOR AN ALJ HEARING?
First, verify your earnings record and make sure that it is correct. Look at your file before your hearing and make sure that all of your medical records have been obtained by the SSA. If not, obtain all relevant medical records from you doctor(s). Get a statement from your treating physician regarding your disability. Obtain witnesses to testify on your behalf (e.e., family, friends, doctors, counselors or social workers.) Prepare to cross-examine the SSA's expert witnesses.

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WHAT DO I DO IF I AM DENIED AT THE ALJ HEARING?
You have sixty (60) days to appeal your case to the Appeals Council. You must present new and substantial evidence or prove that the ALJ made an error in his decision to deny your benefits. This is done in the form of a written brief. If the Appeals Council turns you down, you have sixty (60) days to file in Federal Court.

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DO I NEED AN ATTORNEY?
At the initial application level, not necessarily. But, some people find all of the forms a little daunting and appreciate the advice of an experienced attorney who will guide them. We can help you prevent mistakes that can affect your case later on. At the reconsideration level you may want to have an attorney help you. At the ALJ hearing level, representation by an attorney is strongly recommended. Most people are not prepared for a court setting or cross-examination of experts at a trial or dealing with a Federal Court Judge. We recommend an experienced SS attorney like Mr Mitzner who has won over 6000 SS cases.

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HOW DO I PAY AN ATTORNEY?
A Social Security representative's fee is a contingency fee, which means that you do not pay a fee unless you win your case. The fee is based on the back benefits awarded to you and never includes any future monthly benefits which you receive. Congress sets the fee at 25% of any past due benefits paid to you up to a maximum of $5300.00. Costs for postage and copying and medical records must be paid separately and are a matter between you and your attorney.

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HOW DO I CHOOSE AN ATTORNEY?
Make sure that you hire an attorney who is experienced in Social Security law. Ask him how many SS cases he has won. I've won over 6,000. What is his winning percentage? Mine is 99%. Also, make certain that he will be willing to take your case to the Appeals Council and Federal Court if you lose your case at the ALJ hearing. Many attorneys will not take your case any further. Mitzner Law Firm handles cases at every level of appeal.

 

The information provided on this page is not intended as legal advice, and is intended for informational purposes only. For legal advice, request a free consultation with the offices of Mitzner Law Firm.

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