Bretz Law Offices, LLC has expanded it's personal injury law practice to include representation at all stages of the Social Security Disability application process. The SSDI process is complex and confusing and, unfortunately, most claims are denied at the beginning stages. Let Bretz Law Offices help you get the benefits you deserve. Here are some answers to some common questions people have about the Social Security Disability application process.

How can I tell if I am disabled enough to apply for social security disability benefits?

Social Security regulations make it easier to be found disabled as you get older. It becomes easier for a few people at age 45 (those unable to read English), for more people at age 50, for most people at age 55, and even more people at age 60. If you’re over age 55 and you cannot do any job you have done in the past 15 years, you should definitely apply. If you’re over age 50 and have a severe impairment that keeps you from doing all but the easiest jobs, you ought to apply.

But even if you’re a younger person, you don’t have to be bedridden in order to be found disabled. If you’re under age 45 or 50 and you cannot do your past jobs and you cannot work full time at any regular job, that ought to be enough.

Nevertheless, being unable to work and being found “disabled” by the Social Security Administration (SSA) are two different things. It is often difficult to convince SSA that someone is “disabled” even when he or she genuinely cannot work. But it is not impossible. 

What happens if I am denied benefits and I do not appeal within 60 days?

You’ll have to start over with a new application — and it may mean that you’ll lose some back benefits. So it’s important to appeal all denials within 60 days. It’s better if you appeal right away so that you get through the bureaucratic denial system faster. The quicker you can get to the hearing stage the better.

What are the biggest mistakes people make when trying to get disability benefits?

Failing to appeal. More than half of the people whose applications are denied fail to appeal. Many people who are denied on reconsideration fail to request a hearing.

Another mistake, although much less common, is made by people who fail to obtain appropriate medical care. Some people with long-term chronic medical problems feel that they have not been helped much by doctors. Thus, for the most part, they stop going for treatment. This is a mistake for both medical and legal reasons. First, no one needs good medical care more than those with chronic medical problems. Second, medical treatment records provide the most important evidence of disability in a Social Security case.

Since medical evidence is so important, should I have my doctor write a letter to the Social Security Administration and should I gather medical records and send them to SSA?

SSA will gather the medical records, so you don’t have to do that. Whether you should ask your doctor to write a letter is a hard question. A few people win their cases by having their doctors write letters. You can try this if you want to. The problem is that the medical-legal issues are so complicated in most disability cases that a doctor may inadvertently give the wrong impression. Thus, obtaining medical reports may be something best left for a lawyer to do.

When should I contact a lawyer and what can a lawyer do for me?

Although a lawyer is not required to apply for Social Security Disability, a lawyer can provide many advantages to a claimant. I prefer to be called in on a Social Security Disability claim right at the beginning so that I can advise you and help to protect your rights throughout the Social Security process. I can assist you at both the initial application stage and at the reconsideration stage, as well as at your formal hearing with the Administrative Law Judge and any federal appeals that may be needed.  A lawyer is extremely beneficial to a claimant because in addition to knowing the ins and outs of Social Security Law, he/she can do the following:

• Help you obtain the proper reports from your physicians and specialists.
• Assist you in keeping records that will detail your condition and the extent of your disability for the judge.
• Monitor the status of your claim as it moves through the complicated Social Security Administration system.
• Request further medical evidence from your doctors, if necessary.
• Deliver an opening statement on your behalf at the administrative hearing.
• Ask you the necessary questions at the hearing to present your case in the most effective manner.
• Lay the foundation for a remand or reversal on appeal if the Administrative Law Judge decides against you.
• Verify that the monthly amount and beginning date of benefits are correct.

If you want me to consider becoming involved in your case at the initial or reconsideration steps, please contact me to discuss your situation.

How much do you charge?

The fee is on a “contingency,” meaning I only get a fee if you get approved. The usual fee is 25% (one-quarter) of back benefits up to a maximum amount set by SSA, currently $6,000.00. That is, the fee is one-fourth of those benefits that build up by the time you are found disabled and benefits are paid. No fee comes out of current monthly benefits.

Although the usual fee will not normally exceed $6,000.00, if I have to appeal after the first administrative law judge hearing, our contract drops the $6,000.00 limit on fees. Even in this circumstance, though, our fee will not be greater than 25% of back benefits.

Sometimes at the request of a client, I charge a non-contingent hourly or per case fee. There is also the rare case where a contingent 25% fee arrangement is insufficient to allow for an adequate fee. In such a case, I use a different method of calculating the fee.

In addition to the fee, you may be expected to pay the expense of gathering medical records, obtaining medical opinion letters, etc.

If I have other questions, will you answer them by telephone?

Yes. If you have any additional questions, please don’t hesitate to contact me either by phone at (620) 662-3435 or by email at ethan@ekaplanlaw.com.