Social Security Disability Lawyer Blog

1. Speed up the process

Although a Social Security disability attorney can't make the SSA work faster on your claim, he/she does intimately understand the system and can help you find shortcuts that allow you to obtain benefits without the hassle and wait. An experienced lawyer will be able to assess your situation quickly and expedite your claim while ensuring that nothing is missed.

2. Relieve stress

If you're applying for Social Security disability benefits, your health is obviously suffering. Why make it worse by dealing with the stress associated with applying for Social Security disability benefits? An attorney can gather the necessary medical records and fill out the required paperwork for you, so you can focus on your health. A lawyer will also be there to answer any questions you may have throughout the entire process.

3. Increase your chances of winning

Statistics show that hiring a lawyer can improve your chances of winning Social Security disability benefits. The best attorneys are aggressive about gathering enough medical evidence to prove the severity of your medical condition and your inability to engage in substantial gainful work.

4. You only have to pay your lawyer if you win your case

Hiring an Atlanta Social Security disability attorney is truly risk-free because you only have to pay your lawyer if you win your case. The SSA limits the amount of money an attorney can be paid on a case to the lesser of $6,000 or 25%. Social Security disability lawyers typically offer free consultations and don't charge upfront fees. The SSA withholds the fee from your retroactive check and sends it directly to your attorney. It's clearly in your lawyer's best interest to help you win your case because he/she will only get paid if you win.

Win Your Case with the Help of Social Security Disability Attorney Louis B. Lusk

Meet with Your Attorney before the Hearing

Prior to your hearing, set up a meeting with your Atlanta Social Security disability attorney, so you can discuss the issues that will be addressed at the hearing and get answers to any questions you may have about the hearing process.

Dress Neatly, But Comfortably

Dress neatly at your hearing. Social Security disability hearings are informal in nature, but you shouldn't wear blue jeans and a t-shirt. That being said, it's not necessary to wear formal clothing like you would at a wedding, either.

Be Truthful

When the ALJ asks a question, don't think about whether the answer you give will help or hurt your case - be truthful about your strengths and limitations. Don't pretend to be in pain when you aren't or fake cry. On the other hand, don't minimize your problems. If you feel uncomfortable staying seated, don't be embarrassed to get up and move around.

Be Specific and Descriptive

Be specific when answering the judge's questions. For example, rather than saying that you can can't walk very far, give a specific example of a time when you tried to walk a certain distance and were unable to do so because you were in pain. It's a good idea to practice giving your testimony in advance, so you'll be prepared to answer the judge's questions at your hearing.

You should also aim to be descriptive when talking about your pain. For instance, rather than saying, "I have backaches," say, "When I get a backache, I have to lie down because the pain is so severe. It hurts so bad that I can barely do anything. Even talking makes the pain worse."

Approximate Dates

When possible, provide the judge with specific dates, but if you can't remember the exact dates, do your best to give an approximate date, month, season and year, or just year. Not everybody is good with dates, so your judge won't think you're being untruthful if you happen to get a date wrong.

Tell Your Story

The hearing is your chance to tell your story to a judge. Some claimants mistakenly believe that they should keep their mouths shut and give the shortest answers possible to their judge's questions, but this isn't the case when it comes disability hearings. You need to provide plenty of facts, details, and explanations in your testimony to win your case.

Speak Clearly

Your hearing will be recorded, so speak very clearly when you answer the judge's questions. Say yes or no, not uh-huh or uh-uh. Additionally, avoid nodding your head in reply to your judge's questions.

Has Your Application for Social Security Disability Benefits Been Denied?

By gathering all of your medical records by yourself and submitting them when you file your disability application or appeal, you can ensure that all of your medical records will be evaluated and that your claim won't take months longer to process than necessary. Disability determination specialists are evaluated on how fast they are able to process their cases, so they are more likely to work on a case immediately if it comes with all of the required medical documentation attached.

Gathering all of your medical records or having your Atlanta Social Security disability attorney do it on your behalf is vital because your medical records describe when you became disabled, what prescription medications you take, and how effective those medications have been in treating your condition. Your medical records are critical to proving that you are disabled and that your disability is severe enough to require disability benefits. Making a little extra effort to ensure that all of your medical records are in your file can mean the difference between an approval and a denial.

Need Help Gathering Medical Records for Your Atlanta Social Security Disability Case?

For example, many claimants get angry because of delays, but most delays in Social Security disability cases are not the lawyers' fault. Disability cases generally take a long time to process because state disability determination agencies are understaffed and overworked.

Another common reason why people want to fire their Atlanta Social Security disability lawyers is that they feel like their lawyer is unresponsive. "My lawyer won't return my calls" is the most common complaint I hear from people dissatisfied with their current representation. In my practice, I make it a point to have my clients speak with me or my paralegal every time they call my office.

How to Terminate Your Lawyer

If you want to fire your Atlanta Social Security disability lawyer, call him and send him a letter, letting him know that you no longer want him to represent you. Your attorney then has to send a letter of withdrawal to the Social Security Administration (SSA) to inform them that he'll be withdrawing from your case. If the SSA doesn't receive a letter of withdrawal and you hire a new lawyer to represent you, they may leave both lawyers' information on your claim.

Better to Pick the Right Attorney the First Time

It is far less complicated to choose an Atlanta Social Security disability lawyer carefully in the beginning, so you start and finish the claims process with the same lawyer. However, firing your Social Security disability attorney may become a necessity if your case isn't receiving the attention it deserves.

Looking for a Qualified Atlanta Social Security Disability Lawyer?

Amputation is defined as the loss of one of the body's extremities: the arms, legs, hands, or feet. Amputations are typically the result of medical operations, injuries, and other traumatic incidents. In medicine, amputations are performed when a limb has become useless or to prevent the spread of a disease to other body parts. Some conditions for which doctors perform amputations include frostbite, diabetes, gangrene, and Raynaud's disease.

Amputations of the legs and feet typically affect a person's ability to walk, climb stairs, bend over, and move around in general. Amputations of the hands and arms make it difficult or impossible for a person to push, pull, and perform fine motor functions.

The Social Security Administration (SSA) considers the complete severance of a hand, foot, arm, or leg an amputation for disability purposes. If an amputation renders you unable to work, you may be able to obtain Social Security disability benefits. However, just because you've had an amputation doesn't mean you automatically qualify for benefits. You must prove to the SSA that your condition makes you unable to perform various functions that are important in the workplace, such as bending, walking, lifting, pushing, pulling, and grasping. To meet the SSA's listing for amputations, you must have one of the following:

 Amputation of both hands;
 Amputation of one or both lower extremities at or above the ankle, with stump complications that make you unable to use a prosthetic device to walk;
 Amputation of one hand and one lower extremity at or above the ankle, with the inability to walk effectively;
 Hemipelvectomy or hip disarculation.

According to the SSA, the inability to walk effectively is defined as needing both hands to use a walker, crutches, or canes to get around, or needing help to get to work or use public transportation. If a prosthetic device, such as an artificial leg, enables you to walk and perform daily activities, you would not qualify for disability benefits. Furthermore, if you have a prosthetic device and use one cane, you would not qualify for disability benefits because you only need to use one hand to walk.

If you do not meet the SSA's amputation listing criteria, it doesn't necessarily mean that you wouldn't qualify for disability benefits. You might qualify for disability benefits if your amputation has reduced your functional capacity to the point that there are no longer any jobs you can perform, considering your age, educational background, and past work experience.

In order to qualify you for disability benefits, your medical records must document how your amputation affects your ability to walk, bend, squat, and rise, as well as perform other daily tasks. Your doctor should also address whether your condition is likely to improve or stay the same. Furthermore, your medical records must demonstrate why you can't effectively use a prosthetic device.

Win Your Amputation Disability Case with Our Help

Unskilled Labor

Unskilled labor is the least complex type of work and can be performed with little to no previously acquired skills. People can typically learn how to perform unskilled labor in 30 days or less. Examples of unskilled jobs include restaurant dishwasher, surveillance system monitor, clerk/typist, and hand packer.

Semi-Skilled Labor

Semi-skilled labor is more complex than unskilled labor. Semi-skilled jobs take more than 30 days to learn and require alertness and attention. A job is considered semi-skilled if it requires you to have coordination or dexterity. Examples of semi-skilled jobs include truck driver, carpenter, waitress, and control inspector.

Skilled Labor

Skilled labor is far more complex than unskilled or semi-skilled labor. Skilled jobs require you to think abstractly, process information, deal with figures, deal with people, make computations, and make precise measurements, among other tasks. Years of training and education are often required to perform skilled labor. Examples of skilled jobs include engineer, pilot, doctor, teacher, architect, CEO of a business, and computer programmer.

Why Job Classification is Important

Job classification is important because the SSA uses it to determine whether you're still capable of working. If you're unable to perform the job you preformed in the past because of a disability, the SSA will use the sequential evaluation process to determine whether you'd be able to perform a new job. During the sequential evaluation process, the SSA reviews the types of jobs you performed in the past to determine if you have any transferable skills, which are skills that can be transferred to a new job. If the SSA decides that you can be trained for a new job based on your physical and mental health condition, educational background, job skills, and age, you will not qualify for disability benefits. On the other hand, if the SSA determines that you're unable to perform a new job based on your physical and mental health condition, age, educational background, and work history, you will be approved for disability benefits.

Different rules apply for claimants who are 55 years old or older. Claimants who are 55 years old or older and have a severe disability that limits them to doing light or sedentary work will be considered unable to perform other jobs unless they have skills that are transferable to other skilled or semi-skilled jobs that they are still capable of performing. Claimants who are 55 years old or older and have an impairment that limits them to doing only sedentary work are typically found by the SSA to have no transferable skills unless the sedentary work is very similar to their previous work.

Find out If You Qualify for Social Security Disability

If you're planning to apply for Social Security disability benefits, set up a free evaluation with Atlanta Social Security disability attorney Louis B. Lusk. Please call 800.883.7043 (or 404.250.7000) or fill out our online contact form to get in touch.

Back Pay for SSI Title 16 Benefits

If you are applying for disability benefits through the need-based Supplemental Security Income (SSI) program, you will be entitled to receive past due benefits from as far back as the date you filed your initial application. So, even if you have been disabled for years, you can only receive back pay from the date that you filed your initial application.

Back Pay for SSDI Title 2 Benefits

If you are applying for disability benefits through the Social Security Disability Insurance (SSDI) program, you are entitled to receive past due benefits from the established onset date (EOD) of your disability. Your EOD is determined by a Disability Determination Services (DDS) examiner or administrative law judge (ALJ). Your EOD is considered the date when your disability actually began and is based on your work history and medical records.

There is also a five-month waiting period for SSDI beneficiaries, which means that the SSA will eliminate your first 5 months of benefits. For example, if the SSA determines that your EOD is 5 months prior to the date that your SSDI claim was approved, you will not be entitled to back pay (5 - 5 = 0 months). If your EOD is 11 months prior to the date that your SSDI claim was approved, you'll be entitled to 6 months of back pay (11 - 5 = 6 months). Keep in mind that the maximum number of months of back pay that an SSDI beneficiary can receive is 12 months. So, if your EOD is 21 months before your approval date (21 - 5 = 16 months), you'll be entitled to a maximum of 12 months of back pay.

It may take a while for you to receive your Social Security disability back pay, especially if you were awarded disability benefits at a hearing before an ALJ. You may even receive your first monthly check before you receive your back pay because the latter takes longer to process. Furthermore, if you apply for SSI benefits, you will not receive the back pay in one lump sum - you will receive it in three installments mailed six months apart. If you've been approved for both SSDI and SSI benefits, the back pay amounts will offset.

Find out If You're Entitled to Past Due Benefits:

If you're under the age of 55 and have a part-time job, the Social Security Administration (SSA) may assume that you're also capable of working full-time and thus deny your application. If you're over the age of 55 and have a part-time job, you are likely to qualify for Social Security disability benefits. Regardless of your age, to qualify for Social Security disability benefits, your monthly income must not exceed the Substantial Gainful Activity (SGA) amount, which is $1,000 per month as of 2011. Keep in mind that any rent payments you receive for properties you own and interest and dividends from savings accounts and stocks also count as income.

Some people try to limit their earnings in order to qualify for Social Security disability benefits, but their efforts often backfire. This is because the Social Security Administration (SSA) usually figures it out when applicants deliberately limit their income.

Here are two important questions to answer if you're considering applying for disability benefits:

1. If you have a job, can you perform the work five days a week, eight hours a day on a sustained basis?
2. If you're looking for a job, are there a sufficient amount of jobs that you're capable of performing in your area?

If your answer to either question is no, you may qualify for Social Security disability benefits.

Speak with Your Doctor

Discuss your limitations with your doctor before applying for jobs. If your physician suggests that you're not fit to return to work at this point in time, develop a plan with him to determine what treatments you'll need to be able to start working again. Limit your employment based on your abilities, not the SGA limit. If your attempts to return to work fail, talk to your doctor, so your treatment can be adjusted. If you've taken every possible step to return to work but find that you aren't capable of working full-time anymore, then apply for Social Security disability benefits. Doctors are generally more inclined to support a disability claim when they see that the patient has made a significant effort to continue working.

It's also important to note that employment attempts that last six months or less and end because of a disability are considered unsuccessful work attempts by the SSA, even if the earnings exceed the SGA amount. However, if an applicant's work attempt lasts longer than six months and he earns more than $1000 per month, the SSA will conclude that he is capable of performing work at the substantial level.

Want to Apply for Social Security Disability While Working?

To be considered disabled by the SSA, you must have a hearing impairment that is severe enough to meet or equal the Blue Book's listing. Alternatively, you could argue that your hearing loss, combined with other impairments, reduces your capacity to perform basic work and hold down a job. Such an argument would have the best chance of succeeding if you could identify specific limitations caused by your other impairments. Examples include the need to take frequent, unscheduled breaks; the inability to follow simple instructions; and the likelihood of suffering from an emotional breakdown at work.

Meeting the Listing

If you think that your hearing impairment meets the SSA's listing, take a copy of the listing to your doctor and ask that the test numbers described in the listing be referenced in his medical statement. The SSA's hearing loss listing is as follows:
"2.08 Hearing Impairments (hearing not restorable by a hearing aid) manifested by:

A. Average hearing threshold sensitivity for air conduction of 90 decibels or greater, and for bone conduction to corresponding maximal levels, in the better ear, determined by the simple average of hearing threshold levels at 500, 1000, and 2000hz. (see 2.00B1); or

B. Speech discrimination scores of 40 percent or less in the better ear."
In order to meet the SSA's hearing impairment listing, you must have hearing loss that is not restorable by a hearing aid. Evaluation of a hearing impairment is based on the residual functional capacity of the better ear. That means you won't be eligible for disability benefits if your hearing in one ear meets the listing but your hearing in the other ear is better.

How the SSA Evaluates Hearing Impairments

Generally, the SSA will require you to undergo a complete otologic examination and audiometric testing to establish that you have a medically determinable impairment that causes your hearing loss. The complete otologic examination must be performed by a licensed physician and include your medical history, your description of how your hearing loss affects you, and your physician's assessment of your tympanic membranes, middle ear abnormalities, and external ear appearance.

Applying for Social Security Disability Benefits for Hearing Loss?

What is Long Term Disability Insurance?

Long term disability insurance is a private insurance policy that you purchase or that is provided by your employer. A long term disability program protects you and your family in the event that you become disabled. Unlike short term disability insurance, which allows you to receive payments for up to six months, long term disability insurance plans provide monthly payments for an extended period of time. The payments in a long term disability insurance plan begin after a specified waiting period.

As of December 31, 2008, 154.5 million workers, over three-fourths of the workforce in the US, are insured for disability benefits through the SSDI program. Only 28 percent of private sector workers in the country are covered by an employer-sponsored long term disability insurance plan. The majority of workers in the US are covered by Worker's Compensation, however, which provides compensation to those who suffer injuries or illnesses in the workplace.

Long term disability insurance plans typically pay you anywhere between 50 and 60 percent of the salary you receive when you are working. Workers typically purchase both short term and long term disability insurance. Some long term policies provide benefits for a maximum of one year, while others will pay you benefits until retirement. If your employer doesn't provide you with long term disability insurance, you can purchase a policy from a broker or insurance agent.

Can You Receive Long Term Disability Benefits and SSDI Payments at the Same Time?

It is possible to receive SSDI payments and long term disability payments at the same time. Typically, the long term disability insurance provider deducts what you get from Social Security from the total policy amount. Many long term disability insurance providers require you to apply for Social Security disability benefits first, however. Some providers may deny your application for benefits if you don't meet the Social Security Administration's (SSA's) definition of disabled and aren't approved for Social Security disability payments.

1. Your income is too high

Some people who apply for Social Security disability continue to work during the claims process. If they earn more than $1,000 per month (in 2011) and apply for benefits under the Social Security Disability Insurance (SSDI) program, their claim will be denied. SSDI is the disability benefits program for people who have paid into the Social Security system for several years.

People who apply for disability benefits under the Social Security Income (SSI) program, which is for low-income individuals, will be denied benefits if they earn more than $1433 per month (in 2011). These income limits, which are known as substantial gainful activity (SGA) limits, are adjusted on an annual basis.

2. Lack of medical evidence

Many Social Security disability claims are denied because of a lack of solid medical evidence. In order to be approved for disability benefits, you must present medical evidence that your impairment interferes with your ability to work. The medical records provided by your treating physician carry far more weight than the results of a medical exam ordered by the Social Security Administration (SSA). To maximize the chances that your disability claim will be approved, describe to your doctor how your symptoms interfere with your ability to work.

3. You haven't followed your doctor's treatment recommendations

If your treating physician has prescribed treatment and you haven't followed your doctor's orders, the SSA may deny your claim. There are, however, legitimate excuses for failing to follow your doctor's orders, such as having a mental illness that prevents you from being able to follow the prescribed therapy or not having enough money to pay for treatment. If you have a valid reason for not undergoing the prescribed treatment, make sure you bring it up during the claims process.

4. Your disability won't last long enough

To qualify you for disability benefits, your impairment has to be severe enough to last at least 12 months or result in your death. Only claimants who are blind are exempt from this requirement. Many applicants are denied benefits because their disabilities are only temporary. For example, a bone fracture resulting from a car accident is unlikely to cause a disability that lasts for 12 months or longer.

5. You won't cooperate

It is important to provide the SSA with requested documentation and show up for your consultation examination (CE) if you want your claim to be approved. If you fail to release medical records to the SSA or skip a scheduled CE, your claim will be denied. If you can't make it to a scheduled CE for whatever reason, have it rescheduled.

The second disability appeal is a request for a hearing before an administrative law judge (ALJ). Statistically speaking, ALJs are far more likely to rule in your favor than DDS examiners, who handle your initial claim and first appeal. DDS examiners are less likely to approve your claim because they make decisions based on your medical records and don't speak to you in person. Therefore, you don't have a chance to describe the severity of your symptoms. Furthermore, your first appeal is unlikely to get approved without the addition of new and significant medical evidence since it's also handled by a DDS examiner.

Why the Second Appeal Makes a Difference

The second level of appeal consists of a hearing, which gives you the chance to talk to an ALJ about your symptoms and how they limit your ability to perform daily activities. Furthermore, at a hearing, you can answer any questions that the ALJ has about your impairment. You also have the option to hire a Social Security disability attorney to represent you at your hearing. An attorney can develop a persuasive argument and present your medical evidence in the best possible manner.

Another reason why the second appeal is different from the first appeal is that the statement from your treating physician carries more weight. The statement provided by your treating physician gets little consideration on the first appeal because DDS examiners tend to give preference to the medical opinions provided by the doctors who work with them. And since those doctors never meet you in person and base their opinions solely on your medical records, it's a major disadvantage.

You can receive presumptive disability payments for up to six months. In order to qualify for presumptive disability payments, there must be sufficient evidence showing that your claim is likely to be approved. However, even if the SSA is sure that your claim will be approved, you are not eligible for presumptive disability benefits unless you meet the income limit requirements, as the SSI program is need-based. Furthermore, you will not qualify for presumptive disability payments under the SSI program if your initial claim was denied and you're in the process of filing an appeal.

How It Works

When you apply for SSI benefits, the person handling your claim will send your case to the state's Disability Determination Services department. At this point, the SSA will determine whether or not you qualify for presumptive disability payments. To be eligible, you must have a disability that is likely to result in the approval of your claim, such as the following:

 Amputation of a leg at the hip;
 Total deafness;
 Total blindness;
 Bed confinement and immobility without a wheelchair, walker, or crutches, allegedly due to a longstanding condition;
 Stroke more than three months ago and continued marked difficulty walking or using a hand or arm;
 Down syndrome;
 Cerebral palsy, muscular dystrophy, or muscular atrophy and marked difficulty walking, speaking, or coordinating hands or arms;
 Severe mental deficiency;
 HIV or AIDS;
 Terminal illness with a life expectancy of six months or less;
 Spinal cord injury producing an inability to walk without the use of a walker or bilateral hand-held assistive devices;
 End stage renal disease requiring chronic dialysis;
 Lou Gehrig's disease, also known as amyotrophic lateral sclerosis (ALS).

The amount of your presumptive disability payments will vary depending on your household income and assets. After six months or as soon a decision is made regarding your SSI claim, your presumptive disability payments will be discontinued. If you are found not to be disabled or blind and are denied SSI benefits, you will not be required to pay back the presumptive disability payments you received.

Want to Know If You Qualify for Presumptive Disability Payments?

If you have a disability and need to file a Social Security Disability claim, you may be thinking about hiring a lawyer to apply for benefits on your behalf. Although working with a Social Security Disability lawyer isn't mandatory, studies have shown that hiring legal representation can significantly increase your chances of winning your claim. Nevertheless, many claimants are reluctant to take the plunge and hire an attorney because they think it'll be too expensive or they don't have any money to pay a lawyer. After all, if you have a disability and are unable to work, you're probably facing financial difficulties as a result.

Find a Lawyer Who Works on a Contingency Fee Basis

Hire a Social Security Disability lawyer who works on a contingency fee basis, or in other words, a lawyer who won't get paid unless he wins your case. That way, you won't be required to pay any upfront fees out of pocket. Just keep in mind that some lawyers who charge on a contingency fee basis do make their clients pay retainer fees or consultation fees before working on your case.

If your attorney wins your Social Security Disability case, he will be entitled to 25% of your back benefits, up to a maximum fee cap established by federal law. At the time of writing, the maximum fee cap is $6,000. The fees will come out of your back pay and the Social Security Administration (SSA) will pay them directly to your attorney, so there'll be one less hassle for you to deal with. The SSA will also deduct out-of-pocket expenses your lawyer incurs, such as photocopying fees and the costs of retrieving medical records and reports, from your back benefits. The SSA must approve the fee agreement prior to deducting any fees from your back benefits.

Social Security Disability Attorneys Are Affordable

Compared to the expense of hiring an attorney in other types of cases, the cost of working with a Social Security Disability attorney is affordable. By law, no Social Security Disability lawyer is allowed to charge more than 25% of past-due benefits. On the other hand, personal injury lawyers, who also offer contingency payment plans, charge up to 40% of the claimant's award.

Looking for an Atlanta Social Security Disability Attorney?

Although people commonly hire an Atlanta Social Security disability attorney once their claim has been denied, there's no reason not to hire a lawyer to help you file your initial claim. An attorney can file the claim on your behalf, prepare your case so that it meets the Social Security Administration's (SSA's) requirements, and collect medical records that provide evidence of your disability. If your initial claim has already been denied, your attorney can file a request for reconsideration and help you with every step of the appeals process.

Any good Atlanta Social Security disability attorney should be willing to review your case at no charge. Furthermore, the best Social Security disability attorneys will not require you to pay upfront fees and will only charge you if they win your case. Other factors to consider when choosing a Social Security disability attorney include the following:

 Reputation. When selecting an Atlanta Social Security disability attorney, evaluate their reputation by reading testimonials from previous clients, reading online reviews, checking his/her status with the local Better Business Bureau, and asking for references.
 Experience. Find out how many years the attorney has been practicing law. While it's possible for a new attorney to win your case, generally, the more experience a lawyer has, the better off you'll be.
 Success rate. To get an idea of what an attorney's track record is like, ask about his/her success rate.
 Interviews. Don't hesitate to interview the lawyers you're considering over the phone or in person to determine if they're a good fit.

When you are interviewing Atlanta Social Security disability attorneys, ask lots of questions, including the following:

 How many people will work on my file?
 What are your fees?
 Will you attend appointments or hearings with me?
 Do you charge any extra fees for particular services?
 How long do you think the process will take?
 Is there a cap on the amount of times I can call you and ask you questions about my case?
 How often will you check with the SSA about my claim?
 Have you worked on a case similar to mine before?