When a person with a potential legal issue looks at one of the websites posted by lawyers that pop up when they do research, they typically want to know four things:
1. What are the laws that affect my situation?
2. What can a lawyer do to help me?
3. How long will it take to complete whatever needs to be done?
4. How much will it cost and when and how is the lawyer paid?
See below for answers to these questions and an explanation of how the Social Security Administration processes claims for Social Security Disability (SSD) and for Supplemental Security Income (SSI).
1) The Law: Requirements that must be met by children, adults between the ages of 18 and 50, and adults 50 years of age and older, are somewhat different and are addressed in specific sections below.
2) The Lawyers Job: (A) Interview the client and get pertinent information with regard to date of birth, family background, educational history, work history, medical history, and nature of the medical problem(s) that limit his/her ability to work, and in most cases, file an Appeal of the original Denial of the claim. (B) When the hearing is set before an administrative law judge, get the case and the client ready for hearing by updating the medical records and preparing a brief which summarizes the client’s deficits and work history and cites the law at supports the client’s claim.
3) Time Line: After the initial claim is filed, it takes 3 or 4 months for the Social Security Administration to send a letter which lists the medical sources that it has secured and reviewed and telling the claimant whether or not he/she is entitled to benefits. If an Appeal is filed, it must be within 60 days of the original denial date and it usually takes 18 to 22 months before a hearing is held before an Administrative Law Judge.
Fees: Since most awards are retroactive to a date many months prior to the Judge’s favorable ruling, if one is obtained, the successful claimant is not only entitled to monthly benefits going forward, but also to a lump sum which represents payments that were due for the months that he/she was eligible prior to the date of the Judge’s opinion. The attorney fee comes out of that lump sum and is equal to ¼ of the lump sum but never more than $6,000.00 in total. That fee is paid directly to the attorney by the Social Security Administration. Obviously, if the appeal is not successful, the attorney is paid nothing.
Disclaimer: The information provided in this website is offered for informational purposes only; it is not offered as and does not constitute legal advice. The use of any information found within these pages does not establish an attorney-client relationship. Likewise, sending e-mail to Robert M. Crites & Associates does not establish any such relationship. The attorney-client relationship does not begin until a written agreement has been agreed upon and signed between the client and his or her law firm.