Q: I applied for Social Security disability benefits on my own and was turned down. Shouldn’t I just give up?
A: No! Most people who file a Social Security disability benefits claim are turned down. In 2005, more than 1.6 million medical claims were filed with the Social Security Administration (SSA) for disability benefits; more than 1 million of them were turned down. However, claimants who asked for and got a hearing on their Social Security disability claim won more than 80 percent of the time.
Source: SSA Office of Disability Programs, “Annual Statistical Report on the Social Security Disability Insurance Program, 2005,”September 2006.
Q: What is the average monthly disability benefit awarded in North Carolina?
A: As of December 2004, there were more than a quarter of a million people in North Carolina receiving an average of $877 per month in Social Security disability benefits (Source: SSA Office of Disability Programs, North Carolina State Statistics Fact Sheet, January 2006. However, a disability claim reviewer must look at the length of time you have worked, the nature of your disability, and your age, education and work experience. The amount of disability benefits you may receive may not match the North Carolina state average because every case is different.
Q: What is “reconsideration”?
A: If a claim for Social Security disability benefits is denied at the initial stage, a claimant may then file a “request for reconsideration" of that decision. A different disability examiner will review the claim, but unfortunately, most claims are also denied at the reconsideration stage as well. A little more than 10 percent of claims were won at the reconsideration stage in 2005.
Source: SSA Office of Disability Programs, “Annual Statistical Report on the Social Security Disability Insurance Program, 2005,”September 2006.
Q: What are my chances of winning at a hearing?
Between 1992 and 2004, about 71 percent of workers whose Social Security disability claim went to a hearing won benefits. However, if an Administrative Law Judge denies your Social Security claim, you can appeal to the Appeals Council. If your claim has been denied, you may wish to hire a NC Social Security disability attorney to help you with your appeal.
Q: What is the Appeals Council? If I disagree with their decision, do I have any further recourse?
A: The Appeals Council is located in Falls Church, VA and is part of the Social Security Administration (SSA). The Appeals Council exists solely to review Administrative Law Judge decisions and does not meet with either the claimant or the disability attorney working on a Social Security case.
If a claim for benefits is denied by the Appeals Council, a claimant may be able to file a civil action in United States District Court, requesting review of SSA's decision. A Social Security disability claim can even go all the way to the U.S. Supreme Court.
Q: How do Social Security disability lawyers get paid? Are you just going to take all of my claim money?
A: A Social Security disability attorney receives 25 percent of the back benefits if the claimant wins disability benefits, but the attorney receives no fee if the claimant loses. This 25 percent amount is subject to a maximum fee cap, which is currently $5,300. A NC Social Security disability attorney is prohibited by law from billing you more than this amount for their attorney's fee.
Q: Can my benefits be stopped in the future?
A: Your disability benefits should not stop unless your medical condition has improved. While there may be a perception that a great many people receive benefits who do not deserve them, less than 7 percent of the workers receiving disability benefits in 2005 had their benefits terminated because they no longer met medical requirements, either because they showed improvement or were able to work at some capacity.
Source: SSA Office of Disability Programs, “Annual Statistical Report on the Social Security Disability Insurance Program, 2005,”September 2006.
Q: What should I do if I am notified that my benefits will stop?
A: You should file an appeal immediately. If you file an appeal within 10 days of notification, you can ask that your benefits continue while your case is under appeal. A consultation with an attorney can be of great benefit during this time as well.
Q: I have a 60 percent disability rating to my back. Will I get 60 percent of my Social Security disability benefits?
A: No, Social Security disability benefits do not work like North Carolina workers' compensation benefits. There are no percentages of disability in Social Security, nor any percentages of benefits. For the purposes of determination of benefits, you are either totally disabled, or not disabled.
Q: How do I apply for Social Security disability benefits?
A: You can apply for Social Security disability benefits online, call 1-800-772-1213 or go in person to your local Social Security offices to fill out an application. You will need the following documents as reference when applying, so make sure to have them handy when you apply:
- an original or certified copy of your birth certificate;
- Social Security numbers of all persons applying for benefits (your spouse and children);
- dates of any prior marriages if your spouse is applying for benefits;
- documentation of earnings for the past twelve months (a copy of your W-2, federal tax return, last pay stub, or a statement from your employer);
- names, addresses and phone numbers of doctors, hospitals, or clinics that have treated you;
- medical records and dates of treatment from your doctors, hospitals, or clinics; and
- a list of all the medications you are currently taking.
If your claim is accepted you will begin receiving benefits a full five months after you became disabled.
Q: How much can I expect to receive?
A: You may receive up to $1500 per month depending upon your past earnings. If you have a family you may receive additional benefits.
