Frequently Asked Questions About Social Security Claims

Q. How do I obtain Social Security or SSI Disability benefits?

A. Before any benefit can be paid, you must first apply. You can file a Social Security Disability application in person at your local Social Security office or by telephone by calling 800-772-1213. After you file your initial application, you should meet with an attorney in our office to discuss your claim. We will advise you about your potential rights and benefits under Social Security as well as any potential problems with your claim.

Q. Is there a time limit on how long I have to appeal a denial of benefits?

A. Yes. You must file an appeal within 60 days of any denial. If your initial application is denied you must ask for reconsideration within 60 days. If your reconsideration is denied, you must request a hearing within 60 days. If your hearing results in a denial, you must file an appeal with the Appeals Council within 60 days.

Q. What fees will I need to pay?

A. An attorney’s fee is payable only upon obtaining a favorable decision. Our contract calls for 25 percent of past due benefits. All fees must be approved by Social Security and no fee greater than what is allowed by Social Security can be charged.

Q. Are there any other costs that I will need to pay?

A. Typically, your attorney will have to pay doctors for copies of medical records -- these costs will be reimbursed to the attorney at the successful conclusion of your case.

Q. What proof do I need to show to get disability benefits?

A. At least one treating or evaluating doctor must support your claim that you cannot work and that you have not or will not be able to work for at least 12 consecutive months. There are also various nonmedical requirements based on your type of claim.

Q. What happens if my claim is denied after my hearing?

A. There is a 60-day period during which you may appeal to the Appeals Council in Arlington, Virginia. If the Council denies your claim or refuses to remand it for a new hearing, we will have 60 days to file a federal district court appeal. Our firm will not appeal to the federal district court without meeting you to discuss the possible appeal. The federal court has different rules and filing fees.

Q. How long will my case take to be completed?

A. That depends on the stage of appeal when you first come to our office and how long it takes the agency to make its decisions. Frequently a hearing is scheduled three months after the request and two to six months after the hearing for a decision.