At the Law Office of Peter R. Kaplan, P.C., we specialize in assisting individuals who have been denied Social Security benefits by representing clients throughout an Appeals process, during which our office will work with you personally to see to it that your case is presented in a thorough and effective manner. Our representation will cause the Social Security Administration to clearly see the details and the totality of the your individual circumstances, thereby giving you the best possible chance to win the benefits you rightfully deserve.
The following article provides general information about social security disability benefits and the appeals process. This article does not provide legal advice about your specific legal problem. If you still have questions after reading it, please fee free to call me personally so that we can discuss your particular question, or situation.
HOW DOES SOCIAL SECURITY DECIDE IF I AM DISABLED?
By law, Social Security has a very strict definition of disability. To be found disabled:
- You must be unable to do any substantial work because of your medical condition(s). For example, in 2004, substantial work means earnings of $810 or more a month. This amount may go up each year; and
- Your medical condition(s) must have lasted, or be expected to last, at least 1 year, or be expected to result in your death.
MY DOCTOR SAYS I AM DISABLED. IS THAT ENOUGH TO QUALIFY ME FOR DISABILITY BENEFITS?
You cannot get disability benefits solely because your doctor says you are disabled. However, written evidence of your doctor's opinion will be a helpful and important part of your disability appeal.
WHAT IS THE DIFFERENCE BETWEEN “SSI” AND “SSDI”?
Social Security Disability Insurance “SSDI” and Supplemental Security Income “SSI” are the largest of several Federal programs designed to provide assistance to people with disabilities. SSDI –pays benefits to you and certain members of your family if you are insured meaning that you have worked long enough and paid sufficient Social Security Taxes. SSI-pays benefits to disabled persons who have not worked enough to be insured and is based upon disability and financial need.
WHAT WILL IT COST ME TO HIRE AN ATTORNEY TO REPRESENT ME ON AN APPEAL FOR BENEFITS?
The Law Office of Peter R. Kaplan handles Social Security Disability claims on a “Contingency” fee basis. That means that you will not be charged a fee unless we are successful in winning your case. If you are awarded benefits as a result of our efforts, our fee is a percentage of the retroactive benefits you receive. The contingency fee percentage is capped by law and is currently set at 25% or $5,300.00, whichever is less.
HOW LONG DOES IT USUALLY TAKE TO APPEAL A DENIAL OF BENEFITS?
Unfortunately, without a crystal ball, there is simply no way to accurately predict the amount of time that any one case might take from start to finish. This is due to a number of reasons including the fact that each case has different levels of complication depending upon the claimant’s medical history and type of impairments. Also, Social Security offices are overwhelmed with a backlog of appeals. This enormous caseload often makes for numerous delays.
Having said that, on average a rough guess would place the time for reconsideration at 4 to 6 months and a scheduling of a hearing before an administrative law justice at 6 months to one year.
HOW CAN AN ATTORNEY HELP MY CASE?
If you have been denied benefits at both the initial application level and the request for reconsideration level, Law Offices of Peter R. Kaplan will assist you by:
- Ensuring that your Request for a Hearing before an administrative law justice is timely and properly filed.
- Obtaining and reviewing a hard copy of relevant documents contained in your social security disability file
- Obtaining effective supporting statements from your doctors and other caregivers
- Fully preparing you and your case file for a social security hearing before an administrative law justice.
- Attend your hearing to present a persuasive case and preserve your rights to any potential further appeals.
- Further appeal your case if appropriate to the Board of Appeals or District Court as required.
For additional information and forms, you may contact the Social Security office at their official website: http://www.socialsecurity.gov.
