Get The Representation You Deserve
Don’t Give Up
Each year, thousands of Americans apply for Social Security Disability Benefits. Of those who applied for benefits between 2007-2016, only about one-third (33%) were awarded benefits (SSA Annual Statistical Report on the Social Security Disability Insurance Program, 2017). You may be thinking about applying for Social Security Disability Benefits and feeling overwhelmed, or perhaps you are already months or years into the process and losing hope.
As an attorney who has been in practice for over 30 years, I want to share a couple of important pieces of advice. First, and most importantly, DO NOT GIVE UP! This process is more like a marathon than a sprint. The key is filing timely appeals, getting medical treatment and sticking with it.
Secondly, seriously consider hiring an experienced social security disability attorney to assist you with your disability claim. A recent government study found that persons who use a representative, such as an attorney, are 3x more likely to be awarded benefits. (United States Government Accountability Office – Study GAO-18-37, December 7, 2017).
Social Security Disability Process
Applying for SSD
When you first apply for Social Security disability, you will need to fill out a Disability Report and a Work History Report.
It is imperative that these documents are filled out fully and accurately in order for your case to have the highest probability of acceptance.
Phillip M. Hendry has the experience and insight to ensure that you have done everything in your power to receive the benefits you deserve. Before you apply, schedule a free consultation with our firm.
Appealing Your claim
What to Do If Your Social Security Claim Been Denied
Many individuals are found disabled upon their first application. However, some cases may be denied. If your claim has been denied, you may still be able to get the benefits you deserve through the appeal process.
When appealing your denied case, it is important to remember the following things:
1. Comply with the strict deadlines
2. Get a detailed opinion from your physician about your limitations
3. Have current medical records ready
4. Be prepared to explain any medical inconsistencies
5. Hire an experienced social security disability attorney analyze your case file
6. Develop a winning case theory
7. Learn about the differences between a reconsideration and hearing appeal
8. If you appeal is scheduled for a hearing, prepare your descriptive testimony
Contact our office directly for help appealing your claim.
Will I qualify?
Disability lawyers are asked this question a lot: “Am I disabled enough to qualify for benefits from the Social Security Administration?”
Unfortunately, this is a hard question to answer directly because a lot of individual information is needed – the severity of impairment, medical findings, symptoms, details of past work, whether you can read and write English, and more.
Please schedule a free consultation for my office to review your specific information
Understanding The Social Security Disability Process
Frequently Asked Questions
What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) benefits?
SSD is a benefit that can be received if a person has worked long enough and paid a sufficient amount of social security taxes within a certain period of time before they became disabled. SSI is a disability benefit for those who don’t meet the work requirements for SSD and also have very limited assets.
How do I apply for SSD or SSI benefits?
You can apply for SSD benefits by phone, online at www.ssa.gov or you can go to your local Social Security Administration (SSA) Office. If you hire me to represent you, my office will assist you with submitting your application online for benefits
What information will SSA look at to decide if I am disabled?
Generally speaking, the SSA will consider all information provided in your application which includes the following:
- Work history for the past 15 years
- Type of work
- Physical and mental requirements of the jobs
- The medical conditions that keep you from working
- The severity of those conditions
- Medical records
It is important to remember that even if your doctor says you can’t work your claim is decided based on the SSA’s definition of “disabled”. Having and experienced disability attorney on your side is the best way to make sure you present the strongest case possible.
What does the SSA require to find me disabled?
They must find that you have a severe impairment that is documented in your medical records that prevent you from:
Doing the types of jobs you have done over the last 15 years
and
Any other type of work
As you can see, it doesn’t matter if you can’t do the last job you worked. You have to prove that you can’t do any job, and it doesn’t even have to be a job in your local area. There are SSA rules that may make it easier for persons 50 years of age and older to be found disabled, but there is no guarantee you will win just because you are older. Whether you are young or older, I help sick and injured persons everyday who cannot work and I am ready to go to work to help you in your claim for disability benefits.
What are some of the typical mistakes a person makes when applying for disability?
There are many, but the 3 most common mistakes I see persons make who don’t use an experienced disability attorney are:
Missing important deadlines
After your application is submitted, the SSA will mail you forms and give you brief periods of time (usually 10 days) to provide detailed information. These include work history and function report forms. Failure to provide this information will give them a good reason to delay or deny your claim
Failing to provide all information requested when you apply
The initial application is your opportunity to give the SSA your thorough and complete history. For the SSA to consider a mental or physical condition, you must provide detailed information about those conditions and where you have gotten medical treatment. The SSA typically will get your past medical records going back for one year from the date you tell them that you became disabled. If you leave out a condition or a medical provider, it could be lower your chances of getting your benefits.
Providing incorrect information
The date you became disabled is important
An inaccurate date can lower the amount of back due benefits you may be entitled to. It can also affect whether the SSA gets all of your medical records necessary to evaluate your claim and that could lead to a delay or denial.
How much are the attorney fees to hire a Social Security Disability lawyer?
Social Security Disability and Supplemental Security Income cases are handled on a contingency fee basis, so the lawyer only gets paid if he/she wins your case. The contingency fee is 25% of any back due benefits you may be owed, but the fee is capped at $6000. So, if you are awarded $10,000 in back due benefits, the lawyers’ fee is $2500. However, if you are awarded $30,000 in back due benefits, the fee would be $6000 since 25% of $30,000 would be more than $6000. The attorney fees are withheld from your back due benefits by the SSA and sent you your lawyer. No fees are taken or charged for future payments.
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Areas Serviced
Workers’ Compensation: North and Central Louisiana (including Shreveport, Bossier City, Minden, Ruston, Monroe, West Monroe, Natchitoches, Alexandria and surrounding areas)
Social Security Disability: Louisiana, East Texas (including Marshall, Tyler, Longview, Texarkana and surrounding areas) & Southwest Arkansas (including Texarkana, Magnolia, El Dorado and surrounding areas)