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Social Security Disability Questions

Should I apply for disability?

If your answers match the ones below, the Social Security Administration (SSA) is likely to award you benefits.

  • Are you gainfully employed? No
  • Do you have a severe impairment? Yes
  • Will your impairment last 12 months or result in death? Yes
  • Does your disability meet one of SSA's listed impairments? If yes, you qualify. If no …
  • Are you able to work? No

How long do disability appeals take?

Social Security disability appeals timeline

When should I apply for disability benefits?

Unless you have an obvious long-term disability, the best time to apply for Social Security disability benefits is 6-9 months after you stop working.

Should I have a disability lawyer help me apply?

Not unless there is something really unusual about your case. In fact, the process is simple and SSA will usually not let anyone else file your application for you. Call SSA at 800-772-1213 or visit www.socialsecurity.gov/applyfordisability/adult.htm.

When do you recommend that I hire a disability attorney?

Most claimants wait until their claims are denied on reconsideration before hiring a lawyer. Most observers agree this timing works well because it is at a hearing that having a lawyer truly makes a difference.

What does a disability lawyer do?

The big-picture answer is: analyze what needs to be proven to win benefits, figure out how to prove it, and gather the necessary evidence. Some of the specific tasks are:

  • Obtain reports from treating doctors that are consistent with Social Security regulations
  • Refer claimants to specialists for additional reports that answer questions raised by Social Security regulations
  • Obtain a vocational expert's evaluation of the claimant's ability to work
  • Ask that a prior application for benefits be reopened
  • Seek a waiver of a time limit
  • Request subpoenas to insure the presence of crucial witnesses or documents
  • Advise the claimant on how best to prepare for and testify at the hearing
  • Object to improper evidence or procedures at the hearing
  • Cross-examine adverse witnesses
  • Present a closing statement
  • Submit a written summary of the evidence and argument
  • If the claimant wins, make sure the SSA correctly calculates benefits
  • If the claimant loses, request review of the hearing decision by the Appeals Council

How much does a disability attorney cost?

The typical fee is 25% of back benefits, up to a maximum set by the Commissioner of Social Security, which is currently $6,000. Sometimes, though, when appeals beyond the ALJ hearing level are involved, the fee is more.

How long will I wait for a disability hearing?

It can take up to two years from request until a hearing is held and a decision issued, but the time varies from state to state.

What are hearings like?

They are private, held in a small conference room, and last an hour or so. You will be asked about your education, training, work experience, symptoms, limitations, and daily activities.

What if I don't file my disability appeal on time?

If you have not filed your appeal within 65 days of the date on your denial letter, you have to start over with a new claim. That new claim may result in the loss of back benefits.

What is the biggest mistake made by disability applicants?

Because the majority of appeals are granted at a hearing, failing to appeal a denial to the hearing level is the number one error … and unfortunately very common.

More detailed information on these and other common claimant questions is available in the library below.

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Social Security Disability Resources

  • Frequently asked questions
    • Should I apply for disability?
    • How long does the disability process take?
    • When should I apply for benefits?
    • Should I use an attorney to help me apply?
    • When do you suggest I hire a lawyer?
    • What does a disability attorney do?
    • How much will representation cost?
    • When am I likely to receive a hearing?
    • What are disability hearings like?
    • What happens if my disability appeal is late?
    • What is the most common disability mistake?
  • Your disability hearing
    • Advice for your Social Security disability hearing
    • Answers to 14 common questions
    • The Hearing
    • Your Testimony
    • Lay Witnesses
    • Vocational Issues
  • The Disability Evaluation Process
    • Answers to 9 common questions
    • Examples of who Is and is not disabled
    • The sequential evaluation process
    • The role of the treating doctor
    • A large bureaucracy
    • Glossary
  • Applying for disability benefits when you have:
    • Anxiety disorders
    • Arthritis & Joint damage
    • Asthma
    • Back injuries
    • Complex regional pain
    • Congestive heart failure
    • Chronic fatigue
    • Crohn’s disease
    • Cystic fibrosis
    • Depression/bipolar disorder
    • Diabetes
    • Fibromyalgia
    • Hearing impairment
    • Hepatitis C & liver diseases
    • HIV
    • Ischemic heart disease
    • Leukemia
    • Lung disease
    • Lupus
    • Multiple sclerosis
    • Schizophrenia
    • Soft tissue injuries
    • Stroke
  • Disability Appeals
    • The appeal process
    • Good cause for late appeals
  • After a favorable decision
    • Answers to 25 questions
    • Delayed benefits
    • Questions about working part-time
    • Continuing disability reviews
  • Legal issues
    • Alcohol or drug addiction
    • Borderline age
    • Chemical sensitivity and environmental illness
    • Chronic fatigue syndrome
    • Fibromyalgia
    • Illiteracy
    • Inability to afford treatment
    • Inability to speak English
    • Inability to stoop
    • Lupus
    • Manipulative limitations
    • Severe impairment definition
    • Subjective pain complaints
    • Worn-out worker regulation
  • Disability Forms
    • Employment questionnaire
    • Monthly headache diary
    • Monthly wage information
    • Activities questionnaire
  • Testimonials

Areas Served: From our office in Denver, we serve Colorado Social Security disability applicants throughout the state, including residents of these cities: Applewood, Arvada, Aurora, Boulder, Colorado Springs, Commerce City, Denver, Englewood, Federal Heights, Fort Collins, Greenwood Village, Lakewood, Littleton, Northglenn, Sherrelwood, Thornton, Welby, Westminster, and Wheat Ridge.

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